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CRIMINAL LAW

- branch or division of law which defines crimes, treats of their nature and provides for their
punishment

Crime – an act committed or omitted in violation of a public law forbidding or commanding it

Sources:
- RPC and its amendments
- Special Penal Laws
- ML Penal Presidential Degrees

Limitations on Enacting penal laws

1. No ex post facto law or bill of attainder shall be passed

Ex post facto law

a. Makes criminal an act done before the passage of the law and which was innocent when done,
and punishes such an act
b. Aggravates a crime or makes it greater than it was when committed
c. Changes the punishment and inflicts a greater punishment than the law annexed to the crime
when committed
d. Alters the legal rules of evidence and authorizes conviction upon less or different testimony than
the law required
e. Assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a
right for something which when done was lawful
f. Deprives a person accused of a crime some lawful protection to which he has become entitled

”Nullum Crimen Nulla Poena Sine Lege”

- There is no crime when here is no law punishing it

Bill of attainder
- a legislative act which inflicts punishment for trial

2. No person shall be made to answer for a criminal offense without due process
- Criminal laws must be of general application and must clearly define the acts and omissions
punished as crimes
3. Law that violates the equal protection clause of the constitution
4. Law which imposes cruel and unusual punishment nor excessive fines.

Constitutional rights of the accused

1. Speedy disposition of cases before all judicial, quasi-judicial or administrative remedies
2. No person shall be held to answer for a criminal offense without due process of law
3. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt
is strong shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as
may be provided by law
4. Presumption of innocence until the contrary is proved
5. No person shall be compelled to be a witness against himself
6. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted
7. No person shall be twice put in jeopardy
8. Free access to courts and quasi-judicial bodies and legal assistance shall not be denied to any person be
reason of poverty

Characteristics of criminal law

1. General
2. Territorial
3. Prospective

General - binding on all persons who reside or sojourn in the Philippines.

Exceptions:
1. Treaty stipulation
2. Laws of Preferential Application
3. Principles of Public International Law.
    Examples: a. Sovereigns and other head of state.
                      b. Ambassador, minister plenipotentiary, minister resident and charges d' affaires.

  But consuls, vice-consuls and other foreign commercial representatives cannot claim the privileges and
immunities accorded to ambassadors and ministers
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Territorial - penal laws of the Philippines are enforceable only within its territory.

Exceptions: Article 2 of the RPC - binding even on crimes committed outside of the Philippines.
1. Offenses committed while on Philippine ship or airship.
2. Forging or counterfeiting any coin or currency note of the Philippines or the obligations and securities
issued by
    the government.
3. Introduction into the country of the above mentioned obligations and securities.
4. While being public officers and employees, an offense is committed in the exercise of their functions.
5. Crimes against national security and the law of the nations defined in title I of Book II.

Prospective - the law does not have retroactive effect.

Exceptions: When the law is favorable to the accused.

Exception to the exception:
1. The new law is expressly made inapplicable to pending actions or existing causes of action
2. Offender is a habitual criminal under Rule 5, Art. 62, RPC

The Revised Penal Code

1 January 1932

Theories in Criminal Law

1. CLASSICAL THEORY
- Basis of criminal liability is human free will and the purpose of the penalty is Retribution
- Man is essentially a moral creature with an absolutely free will to choose between good and evil
- It has endeavored to establish a mechanical and direct proportion between crime and penalty
- There is a scant regard to the human element

2. POSITIVIST THEORY
- Man is subdued occasionally by a strange or morbid phenomenon which constrains him to do wrong
in spite of or contrary to his volition
- Crime is essentially a natural and natural phenomenon

Three-fold purpose of penalty

1. Retribution/Expiation – penalty commensurate with the gravity of the offense
2. Correction/Reformation – rules regulate execution of penalties
3. Social Defense – inflexible security to recidivists and habitual delinquent

Effects of repeal of penal law

1. Penalty lighter – new law applied
2. Penalty heavier – law enforce at the time of commission
3. Total repeal – crime obliterated

Construction of Penal Laws

1. Strictly construed against Government and liberality in favor of accused
2. In cases of conflict with official translation original Spanish text is controlling.

Art. 1 Time When Act Takes effect - RPC took effect Jan. 1, 1932.

Art. 2 Application of its provisions.

Rules:

1. Philippine vessel or airship - Philippine laws shall apply to offenses committed in vessels registered with
the Philippine Bureau of Customs. It is the registration not citizenship of the owner which matters.

2. Foreign vessel 
a. French rule - General Rule - Crimes committed aboard a foreign vessel within the territorial waters of a
country
are not triable in the courts of such country.
Exception: Commission affects the peace and security of the territory or the safety of the state is
endangered

b. English Rule - General Rule - Crimes committed aboard a foreign vessel within the territorial waters of
a 
country are triable in the courts of such country.
Exceptions: When the crime merely affects things within the vessel or it refers to the internal
management 
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  thereof. This is applicable in the Philippines.

Article 1, Phil Constitution

The national territory comprises the Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Phil has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial or aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves
and other submarine areas. The waters around, between and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal waters of the Phil.

ARTICLE 3. Definitions

Felonies - Acts and omissions punishable by the RPC.

Crime - Acts and omissions punishable by any law.
Act - An overt or external act.
Omission - Failure to perform a duty required by law.

Elements of Felonies
1. There must be an act or omission
2. This must be punishable by the RPC
3. Act or omission was done by means of dolo or culpa

Classification of Felonies According to the means by which they are committed:

1. Intentional felonies - by means of deceit (dolo) 
Requisites:
    a. Freedom
b. Intelligence
c. Intent

Mistake of fact - misapprehension of fact on the part of the person who caused injury to another. He is not
criminally liable.

Requisites:
a. The act done would have been lawful had the facts been as the accused believe them to be
b. Intention is lawful.
c. Mistake must be without fault or carelessness by the accused.

2. Culpable felonies - by means of fault (culpa)

Requisites:
   a. Freedom
b. Intelligence
c. Negligence (lack of foresight) and imprudence (lack of skill). 

Mala In Se – wrongful from their nature

– so serious in their effects on society as to call for almost unanimous condemnation of its
members

Mala Prohibita - wrong merely because prohibited by statute

– violations of mere rules of convenience designed to secure a more orderly regulation of the
affairs of the society

Mala In Se Mala Prohibita

1. Moral trait of offender Considered Not considered
2. Good faith as a defense Valid defense unless the crime is Not a defense. Intent not
the result of culpa. necessary. Sufficient that the
offender has the intent to
perpetrate the act prohibited by the
special law.
3. Degree of accomplishment of  the Taken into account Taken into account only when
crime consummated.
4. Mitigating and aggravating Taken into account in Generally not taken into account.
circumstance imposing penalty
5. Degree of participation When there is more than one Generally not taken into account.
offender, it is taken into
consideration
6. Laws violated General rule: RPC General rule: Special penal laws

Intent Motive
1. Purpose to use a particular means to effect a result 1. Moving power which impels one to act.
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2. 2. Not an elem
Element of crime except in crimes committed with culpa. 3. Essential only when the identity of the felon is in doubt.
3. Essential in intentional felonies.

Art. 4 Criminal Liability

Paragraph 1 - Criminal liability for a felony committed different from that intended to be committed.
Requisites:
1. Felony has been committed intentionally.
2. Injury or damage done to the other party is the direct, natural and logical consequences of the felony.
Hence, since he is still motivated by criminal intent, the offender is criminally liable in:

a. Error in personae - mistake in identity

b. Abberatio ictus - mistake in blow
c. Praetor intentionem - lack of intent to commit so grave a wrong.

Proximate cause - the cause, which in the natural and continuous sequence unbroken by any efficient
intervening
cause produces the injury without which the result would not have occurred.

Paragraph 2 - Impossible crime

Requisites;
1. Act would have been an offense against persons or property.
2. There was a criminal intent.
3. Accomplishment is inherently impossible or inadequate or ineffectual means are employed.
4. Act is not an actual violation of another provision of the RPC or of special law.

Impossible crime occurs when there is:

1. Inherent impossibility to commit the crime
2. Inadequate means to consummate the crime.
3. Ineffectual means to consummate the crime.

“Ignorantia legis non excusat” - Ignorance of the law excuses no one

“ Ignorancia facti excusat”
“Actus non facit reum nisi mens sit rea”
” Actus me invite factus non est meus actus”
“El que es causa dela causa es causa del mal
causado”
- Ignorance or mistake of fact relieves the accused
from criminal liability
- The act itself does not make a man guilty unless
his intention were so
- An act done by me against my will is not my act
- He who is the cause of the cause is the cause of
the evil caused

Death is presumed to be the natural cause of injury if:

1. victim was in normal health
2. death may be expected from the injuries
3. death ensued within a reasonable time

Felony is not the proximate cause when—

1. an active force intervened between felony and injury
2. resulting injury is resulting from intentional act of the victim

Development of crimes
1. Internal acts – mere ideas in the mind of the person and are not punishable
2. External acts –
a. Preparatory acts – ordinarily not punishable
b. Acts of execution – punishable under the RPC

Art. 5 Acts to be repressed

1. act appears not punishable by any law
2. court deems it proper to repress act
3. court must render the proper decision by dismissing the case and acquitting the accused
4. judge must make a report to the Chief Executive, through Sec. of Justice, stating reasons which induce
him to believe that the said Act should be made the subject of penal legislation

Excessive penalties
1. court after trial finds accused guilty
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2. penalty provided appears excessive

- acted with lesser degree of malice
- there is no injury or injury caused is of lesser gravity
3. court should not suspend execution of sentence
4. judge should submit a statement to the Chief Executive, through the Sec. of Justice, recommending
executive clemency

Subjective phase
- that portion of the acts constituting the crime, starting from the point where the offender begins the
commission of the crime to the point where he has still control over his acts, including its natural cause

Art. 6 Consummated,Frustrated, and Attempted Felonies

Stages of Execution

1. Consummated - when ll the elements necessary for its execution and accomplishment are present.
2. Frustrated - Elements
    a. Offender performs all the acts of execution.
    b. All these acts would produce the felony as a consequence.
    c. But the felony is not produced.
    d. By reason of causes independent of the will of the perpetrator.
3. Attempted - Elements
    a. Offender commences the felony directly by overt acts.
    b. Does not perform all acts which would produce the felony.
    C. His acts are not stopped by is own spontaneous desistance.

Attempted Frustrated Consummated

1. Overt acts of execution are started. 1. All acts of execution 1. All acts of execution are
are present. present.
2. Not all acts of execution are  2. Crime sought to be committed 2. The result sought is achieved.
present is not achieved.
3. Due to reasons other than the 3. Due to intervening causes 
spontaneous desistance of the independent of the will of the 
perpetrator. perpetrator.

Crimes which do not admit Frustrated and Attempted stages.

1. Offenses punishable by special penal laws unless the law provides otherwise.
2. Formal crimes - consummated in one instance (e.g. Slander, Adultery etc.)
3. Impossible crimes
4. Crimes consummated by mere attempt (e.g. Attempt to flee to an enemy country, treason, etc.)
5. Felonies by omission
6. Crimes committed by mere agreement (e.g. Corruption of public officers, Betting in sports such as
“ending")

Crimes which do not admit of Frustrated stage

1. Rape
2. Bribery
3. Corruption of public officers
4. Adultery
5. Physical injury

OVERT ACTS – some physical activity or deed, indicating the intention to commit a particular crime, more than a
mere planning or preparation, which, if carried to its complete termination following the natural course, without
being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and
necessarily ripen into a concrete offense

Indeterminate offense – one where the purpose of the offender in performing an act is not certain, its nature in
relation to its objective is ambiguous

Art. 7 When Light Felonies are Punishable

General rule: Punishable only when they have been consummated.

Exception : Even if not consummated if committed against persons or property.
Examples: slight physical injuries, theft, malicious mischief, intriguing against honor, alteration of
boundary marks.
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Note: Only principals and accomplices are liable, accessories are not liable even if committed against persons or
property.

CONSPIRACY
- 2 or more persons come to an agreement concerning the commission of a felony and decide to commit it
- Punishable only when the law specially provides a penalty
a. 2 or more persons come to an agreement
b. Agreement concerned the commission of a felony
c. Execution of the felony shall be decided upon

Proposal pax has decided to commit a felony

he proposes its commission to some other person

Imputability – quality by which an act may be ascribed to a person as its author or owner; act has been freely
and consciously done

Responsibility – obligation of suffering the consequences of crime

Art. 11. JUSTIFYING CIRCUMSTANCE

- no criminal liability; pax did not transgress the law; no civil and crim lia

1. Self-defense
a. unlawful aggression
b. Unreasonable necessity of the means employed to prevent or repel it
c. Lack of sufficient provocation on the part of the person defending himself

2. Defense of relative
a. unlawful aggression
b.reasonable necessity of the means employed to prevent or repel
c. in case the provocation was given by the person attacked, the one making the defense had no
particular part therein

3. Defense of stranger
a. unlawful aggression
b. reasonable necessity of the means employed to prevent or repel it
c. person defending be not induced by revenge, resentment, or other evil motive

requi for self-defense in #3

1. No provocation at all was given
2. Even if given, not sufficient
3. Evenif sufficient, not given by pax defending self
4. Or not proximate and immediate to act of aggression

*Unlawful aggression – equivalent to assault or at least threatened assault of an immediate and imminent kind;
there must be an actual, physical assault

4. Avoidance of greater evil or injury

a. Evil sought to be avoided actually exists
b. Injury feared be greater than that done to avoid it
c. There be no other practical and less harmful means of preventing it
5. Fulfillment of duty or lawful exercise of right of office
a. Accused acted in performance of a duty or the lawful exercise of a right or office
b. Injury caused by the offense be the necessary consequence of the due performance of duty or the
lawful exercise of such right or office

6. Obedience to an order issued for some lawful purpose

a. An order has been issued by a superior
b. Such order must be for some lawful purpose
c. The means used by the subordinate to carry out said order is lawful

Art. 12 EXEMPTING CIRCUMSTANCE

– amended by RA 9344
- there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent;
basis is complete absence of intelligence, freedom of action, or intent, OR on the absence of negligence
on the part of the A
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1. Imbecile or insane, unless he acted during a lucid interval

Imbecile – pax marked with mental deficiency and has no lucid intervals
Insane- has an unsound mind or who suffers from mental disorder and may have lucid intervals;
completely deprived of reason or discernment and freedom of will

2. Pax under 15 yo
3. Pax over 15yo but under 18yo who did not act with discernment

Discernment – mental capacity of a minor between 15-18 to fully appreciate the consequence of his
unlawful act

Accident – something that happens outside the sway of our will and although it comes about through
some act of our will, lies beyond the bounds of humanly foreseeable consequences

4. Any pax who, while performing a lawful act with due care, causes an injury by mere accident without fault
or intention of causing it
a. Pax is performing a lawful act
b. With due care
c. He causes injury to another by mere accident
d. Without fault or intention of causing it

5. Pax who acts under compulsion of an irresistible force

a. Compulsion is a physical force
b. Physical force must be irresistible
c. Physical force from a third person

6. Pax who acts under the impulse of an uncontrollable fear of an equal or greater injury
a. The threat which causes the fear is of an evil greater or equal to that which he is required to commit
b. It promises an evil of such gravity and imminence that the ordinary man would have succumbed to it

7. Pax who fails to perform an act required by law when prevented by some lawful or insuperable cause
a. An act is required by law to be done
b. Pax fails to perform such act
c. His failure to perform such act was due to some lawful or insufferable cause

Absolutory causes – act committed is a crime but for reasons of public policy and sentiment there is no penalty
imposed (SALAT –TAMI)

1. Spontaneous desistance during attempted stage

2. Arbitrary detention with legal grounds
3. Light felony is only attempted or frustrated
4. Accessory is a relative of the principal
5. Theft, swindling or malicious mischief against a relative
6. Trespass with legal grounds
7. A247 – slight or serious physical injuries inflicted by pax who surprised his spouse or daughter in the act
of sexual intercourse
8. Marriage of the offender with the offended party when the crime committed is rape, abduction, seduction
or acts of lasciviousness
9. Instigation

Complete defenses in criminal cases

1. Any of the essential elements of the crime charged is not proved by the prosecution and the elements proved
do not constitute an offense
2. Act of the accused falls under any of the justifying circumstances
3. Case of the accused falls under any of the exempting circumstances
4. Covered by absolutory causes
5. Guilt not established beyond reasonable doubt
6. Prescription of crimes
7. Pardon by the offended party before the institution of criminal action in crimes against chastity

Art. 13 MITIGATING CIRCUMSTANCES

1. All the requisites necessary to justify or exempt are not attendant
2. Offender above 18 or over 70
Offender over 15 and under 18 who acted with discernment
3. Offender had no intention to commit so grave a wrong as that committed
4. Sufficient provocation or threat on the part of the offended party immediately preceded the act
a. Provocation must be sufficient
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b. Must originate from the offended party

c. Provocation must be immediate to the act

5. Act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) or
his relatives

Vindication vs Provocation–
V - against the offender’s relatives mentioned by the law
- Offended party must have done a grave offense to the offender or to his relatives
- Must be proximate
P - made directly only to the pax committing the felony
- Cause need not be a grave offense
- Must have immediately preceded the act

6. Having acted upon a impulse to powerful as naturally to have produced passion or obfuscation
a. There be an act, both unlawful and sufficient to produce such a condition of mind
b. Act was not far removed from the commission of the crime by a considerable length of time

7. Voluntary surrender or voluntary confession of guilt before the court prior to the presentation of evidence for
the prosecution
a. Offender had not been actually arrested
b. Offender surrendered himself to a person in authority or to his agent
c. Surrender was voluntary
- Spontaneous, showing intent to submit himself unconditionally
- Acknowledges his guilt
- Wishes to save them the trouble and expenses necessarily incurred in his search and capture

Plea of guilty
a. Offender spontaneously confessed his guilt
b. Confession made in open court
c. Confession of guilt was made prior to the presentation of evidence of the prosecution

8. Offender is deaf, dumb, blind or suffering from some physical defect which restricts his means of action,
defense or communication with his fellow beings

9. Illness of offender
a. Illness of offender must diminish the exercise of his will-power
b. Such illness should not deprive the offender of consciousness of his acts

10. Any other circumstance of a similar nature and analogous to those above-mentioned

Not mitigating nor exempting—

1. Aberration ictus
2. Mistake in the identity
3. Entrapment
4. Accused over 18yo
5. Performance of a righteous action

Ordinary mitigating circ are susceptible of being offset by any aggravating

Privilege mitigating circ cannot be offset by any aggravating
Ordinary mitigating, if not offset by an aggravating circ, produces only the effect of applying the penalty in its
minimum
Privilege mitigating circ produces the effect of imposing the penalty lower by one or two degrees than
that provided by law

Art. 14 AGGRAVATING CIRCUMSTANCE

-greater perversity in the commission
- motivating power
- place of commission
- means and ways employed
- time
- personal circ of the offender or of the offended party

A. Generic – generally applies to all crimes

B. Specific – applies only to particular means
C. Qualifying – change the nature of the crime
D. Inherent – must be of necessity; inherent in robbery, estafa, adultery and concubinage
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Generic – increases the penalty which should be imposed upon the accused to the maximum period
Qualifying – gives the crime its proper and exclusive name but also to place the author thereof in such a
situation as to deserve no other penalty than that specially prescribed by the law for the same crime

Generic – may be compensated by a mitigating circ

Qualifying – cannot be offset by a mitigating circ

 Qualifying circ must be alleged else it is generic aggravating circ only

1. Advantage be taken by the offender of his public position

2. Crime be committed in contempt of or with insult to the public authorities

a. Public authority is engaged in the exercise of his function
b. He who is engaged in the exercise said function is not the person against whom the crime is committed
c. Offender knows him to be a public authority
d. His presence has not prevented the offender from committing the criminal act

Public authority – public officer directly vested with jurisdiction to govern and execute laws

3. Act be committed with insult or disregard of the respect due the offended party on account of his rank, age,
sex; or, that it be committed in the dwelling of the offended party, if the latter has not given provocation

Dwelling – building or structure exclusively used and devoted for rest and comfort and includes every
dependency of the house which forms as an integral part thereof

4. Act be committed with abuse of confidence or obvious ungratefulness

a. Offended party had trusted offender
b. Offender abused such trust by committing a crime against the offended party
c. Abuse of confidence facilitated the commission of the crime

5. Crime be committed in the palace of the CE, or in his presence, or where public authorities are engaged in
the discharge of their duties, or in a place dedicated to religious worship

6. Crime committed in nighttime, in uninhabited place, or by a band, whenever such may facilitate the
commission of the offense
a. Facilitated commission of the crime
b. Especially sought for by offender to insure commission or for impunity
c. Offender took advantage thereof for impunity

7. Crime committed on occasion of conflagration, shipwreck, earthquake, epidemic or other calamity or

misfortune
8. Crime committed with aid of armed men or pax t o insure or afford impunity
a. Armed men or pax took part in the commission, directly or indirectly
b. Accused availed himself of their aid or relied upon them when the crime was committed

9. Accused is a recidivist
- One who, at the time of his trial for one crime, shall have been previously convicted by final judgment of
another crime embrace in the same Title
a. Offender is on trial for an offense
b. He was previously convicted by final judgment of another crime
c. Both the first and the second offenses are embraced in the same Title
d. Offender is convicted of the new offense

10. Offender has been previously punished for an offense to which the law attaches an equal or greater penalty
OR for two or more crimes to which it attaches a lighter penalty

a. Accused is on trial for an offnse

b. He previously served sentence for another offense to which the law attaches an equal or greater penalty,
OR for two or more crimes to which it attaches lighter penalty than that for the new offense
c. He is convicted of the new offense

Recidivism (Art. 14, par 9) vs reiteracion (Art. 14, par 10)

- Enough that the offender shall have served out his sentence for the first offense
o Necessary that the offender shall have served out his sentence for the first offense
- Requires that the offenses be included in the same Title of the Code
o The previous and subsequent offenses must not be embraced in the same Title
- Not always to be taken into consideration in fixing the penalty to be imposed upon the accused
o Not always an aggravating circ
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Habitual delinquency (Art. 62, par 5)– when a person, within a period of 10 yrs from the date of his release
or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification,
is found guilty of any of said crimes a third time or oftener

Quasi-recidivism (Art. 160) – any pax who shall commit a felony after having been convicted by final
judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the
maximum period of the penalty prescribed by law for the new felony

11. Crime be committed in consideration of a price, reward or promise

12. Crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional
damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste or ruin

13. Act be committed with evident premeditation

a. Prove time when offender determined to commit the crime
b. Prove an act manifestly indicating that the culprit has clung to his determination
c. Prove a sufficient lapse of time between the determination and execution to allow him to overcome the
resolution of his will

14. Craft, fraud or disguise employed

Craft or astucia involves intellectual trickery and cunning
Fraud includes insidious words or machinations used to induce the victim to act in a manner which would
enable the offender to carry out his design
Disguise means resorting to any device to conceal identity

15. That advantage be taken of superior strength or means employed to weaken the defense

Band Superior strength

Gravamen is the taking
Appreciated when
advantage by the culprits
committed by 3 or more
of their superior collective
armed malefactors
strength to overpower
regardless of comparative
their relatively weaker
strength
victim/s

16. Act be committed with treachery (alevosia)

- Offender commits any of the crimes against pax, employing means, methods or forms in the execution
thereof which tend directly and specially to insure its execution without risk to himself arising from any
possible defense from the victim/s

Rules on treachery
- Only to crimes against pax
- Means, methods or forms need not insure accomplishment of crime
- Mode consciously adopted
a. At the time of the attack, victim was not in any position to defend himself
b. Offender consciously adopted the particular means, method or form of attack employed by him
17. Means be employed or circumstance brought about which add to the ignominy to the natural effects of the
act

Ignominy – circ pertaining to the moral order, which adds disgrace and obloquy to the material injury caused
by the crime

18. Crime be committed after an unlawful entry

-Entrance effected by a way not intended for the purpose
19. As a means to the commission of a crime, a wall, roof, floor, door or window be broken
20. Crime be committed with the aid of pax under 15yo, or by means of motor vehicles, airships, or other similar
means
21. Wrong done in the commission be deliberately augmented by causing other wrong not necessary for its
commission

Cruelty – culprit enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary
physical pain in the commission

Ignominy involves moral suffering;

Cruelty involves physical suffering

22. Under the influence of prohibited drugs (DDA of 2002)

23. PD 1866, as amended by RA 8294, re use of unlicensed firearms
24. S3, PD 1866, as amended by RA 8294, re use of explosives
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25. RA 7659 organized/ syndicated crime group

Art. 15 ALTERNATIVE CIRCUMSTANCE

Must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime
and the other conditions attending its commission

1. Relationship
2. Intoxication
3. Degree of instruction and education of the offender

- Relationship is mitigating in trespass to dwelling, in crimes against property by analogy to the provision of Art.
332, and in robbery, usurpation, fraudulent insolvency, and arson
- Relationship is aggravating in crimes against persons (except serious physical injuries) where offended party
is a relative of higher degree or the same level with offender

- Intoxication is mitigating if not habitual or if not subsequent to the plan to commit a felony
- Intoxication is aggravating if it is habitual or if it is intentional

PERSON NOT CRIMINALLY LIABLE

For grave or less grave
1. PRINCIPALS
- Who take a direct part in the execution of the act (direct participation)
a. They participated in the criminal resolution
b. They carried out their plan and personally took part in its execution by some acts
c. These acts directly tended to the same end

- Who directly force or induce others to commit it (induction)

a. Inducement be made directly with the intention of committing the offense
b. Such inducement be the determining cause of the commission of the crime by the material executor
Ways: by directly forcing another to commit a crime using irresistible force or causing uncontrollable
fear
by directly inducing another to commit a crime by giving a price or offering a reward or promise
OR by using words of command

- Who cooperate in the commission of the offense by another act without which it would not have been
accomplished (indispensable cooperation)

2. ACCOMPLICES
a. Community of design
b. He cooperates in the execution of the offense by previous or simultaneous acts, with the intention of
giving material or moral aid in an efficacious way
c. There be a relation between the acts done by the principal and those attributed to the pax charged

3. ACCESSORIES
- Profiting themselves or assisting the offender to profit by the effects of the crime
- Concealing or destroying the body of the crime or the effects or instruments thereof, in order to
prevent its discovery
- Harboring, concealing or assisting in the escape of the principal, provided the accessory acts with
abuse of his public functions OR whenever the author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the CE, or known to be habitually guilty of some other crime
- Exempt from liability of principal is his relative

Pecuniary liabilities
1. Civil - reparation of damage caused
- Indemnification of consequential damages
2. Pecuniary – fine
- Costs of proceedings

Subsidiary penalties – convict has no property with which to meet the fine; rate of 1day per P8.00 subject to
rules in Art. 39, RPC; must be specifically imposed by the court in its judgment
No subsidiary penalty in the ff cases:
1. Penalty imposed is higher than prision correctional or 6yrs
2. Non-payment of reparation or indemnification
3. Non-payment of costs
4. Penalty imposed is a fine and another penalty without a fixed duration
5. Subsidiary penalty is not expressly stated in the judgment
 | 12

Art. 48 COMPLEX CRIMES

1. Compound crime (Delito Compuesto)

- Single act constitutes 2 or more grave or less grave felonies
a. Only a single act is performed
b. The single act produces: 2 or more grave felonies, OR 1 or more grave and 1 or more less grave
felonies, OR 2 or more less grave felonies
c.
2. Complex crime proper (Delito Complejo)
- An offense is a necessary means for committing the other
a. At least 2 offenses are committed
b. 1 or some of the offenses must be necessary to commit the other
c. Both or all the offenses must be punished under the same statute

No complex crime in –
1. Continuous crimes
2. One offense is committed to conceal the other
3. Other crime is an indispensable part or an element of the other offenses
4. One of the offenses is penalized by a special law
5. Provision provides for a two-tiered penalty

Art. 61 GRADUATING PENALTIES

1. Penalty is single and indivisible – penalty next lower in degree is one immediately following the indivisible
penalty
2. If penalty is of 3 periods from different dividable penalties – penalty next lower in degree is the one
consisting of 3 periods down the scale
3. Penalty is of 2 periods – penalty next lower in degree is the one consisting in 2 periods down the scale
4. Penalty is only one period – penalty next lower in degree in the next lower in degree in the scale

Art. 71 GRADUATED SCALES

1. Death
2. Reclusion perpetua – 20yrs and 1day to 40yrs
3. Reclusion temporal – 12yrs and 1day to 20yrs
4. Prision mayor – 6yrs and 1day to 12yrs
5. Prision correctional – 6mos to 6yrs
6. Arresto mayor – 1mo and 1day to 6mos
7. Destierro – 6mos and 1day to 6yrs
8. Arresto menor – 1day to 30days
9. Public censure
10. Fine

Scale 2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted for, and the right to follow a profession or
calling
4. Public censure
5. Fine
6.
IMPOSITION OF PENALTIES APPLYING THE INDETERMINATE SENTENCE LAW (ACT 4103, am by ACT
4225)
- a sentence with a minimum term and a maximum term which, the court is mandated to impose for the
benefit of a guilt person who is not disqualified therefore, when the maximum imprisonment exceeds one
year

1. SPECIAL LAWS
eg: penalty imposable is 2yrs to 10yrs
- Minimum should not be lower than 2yrs or the minimum presc by the law
- Maximum should not be more than 10yrs or the maximum presc by the law

2. Revisded Penal Code

eg: penalty imposable is reclusion temporal (homicide); penalty next lower is prision mayor; hence,

max
RT med – A60 imposable penalty
min
 | 13

max
PMayor med
min

Max penalty to be imposed: Min penalty:

1aggravating & 0mitigating = MAX = anywhere within PMayor
0aggravating & 1mitigating = MIN = anywhere within PMayor
0aggravating & 0mitigating = MED = anywhere within PMayor

When Indeterminate Sentence Law not applicable

1. Sentenced to death, Life Imprisonment or Reclusion Perpetua
2. Convicted of treason, conspiracy or proposal to commit treason
3. Convicted of misprision of treason, rebellion, sedition or espionage
4. Convicted of piracy
5. Habitual delinquent
6. Escaped from confinement as a prisoner, or evaded sentence
7. Granted with conditional pardon by the President but had violated the terms thereof
8. Max term of imprisonment does not exceed 1yr
9. Destierro or suspension

When criminal liability is extinguished

1. Death of convict, as to personal penalties; as to pecuniary, ia is extinguished only when death occurs
before final judgment
- Criminal lia and civil lia arising ex delicto extinguished if accused died pending appeal (A89(1), RPC,
ppl vs bayotas)
2. By service of sentence
3. By amnesty
4. By absolute pardon
5. By prescription of crime
6. By prescription of penalty
7. By marriage of offender to offended party (Art. 344)

Amnesty – an act of the sovereign power granting oblivion or a general pardon for past offense, and is rarely, if
ever, exercised in favor of a single individual and is usually exerted in behalf of certain classes of pax who are
subject to trial but have not yet been convicted
- Looks backward and abolishes and puts into oblivion the offense itself; as if he never committed the
offense

Pardon – an act of grace proceeding from the power entrusted with the execution of the laws which exempts the
individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed
- Looks forward and relieves the offender from the consequences of an offense for which he was convicted;
does not obliterate the offense itself

Pardon Amnesty
Includes any criminal Political offenses
By President to individual By President to classes of person or community
When person is already convicted Even before trial or investigation
Abolishes or forgives the punishment As though no offense had been committed
Must be pleaded and proved Courts take judicial notice
Does not extinguish civil liability

Conditional pardon Parole

Any time after final judgment After service of min penalty
CE/ Admin Code Board/ ISL
Re-arrest or re-incarceration in case of Re-arrest and serve the unserved portion but not apply
violation or prosecute under A159, RPC A159, RPC

Prescription of penalties
- Loss or forfeiture of the right of the Govt to execute the final sentence after the lapse of a certain time
1. D and RP – 20yrs
2. Afflictive – 15yrs
3. Correctional and – 10 yrs, AMayor – 5yrs
4. Light – 1yr
5. Oral defamation and slander by deed- 6mos
 | 14

Computation of prescription
1. Commences to run from date culprit evaded the service of sentence
2. Interrupted if – convict gives himself up
- Convict is captured
- Convict goes to a foreign country with which we have no extradition treaty
- Convict commits another crime before expiration of the period

Prescription of crimes
- Forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time
- Interrupted when proceedings are instituted and commences again if proceedings are dismissed for
reasons not constituting jeopardy

Partial extinction of crim liability

1. Conditional pardon
a. Comply strictly with the conditions imposed in the pardon
b. Failure to comply with the conditions results in the revocation of pardon
c. Liable under Art. 159, RPC

2. Commutation of sentence
- Made by CE by reducing the penalty inflicted or by decreasing the length of the imprisonment or the
amount of fine
- Convict sentenced to death is over 70yo
- When 8 SC justices fail to reach a decision on the affirmance of death penalty

3. For good conduct allowance which the culprit may earn while he is serving sentence
- Granted by the Director of Prisons
a. During first 2yrs, 5days each month of good behavior
b. During 3rd-5th yrs, 8days each month
c. 6th-10th yrs, 10days for each month
d. 11th yr and onwards, 15days for each month

Special time allowance for loyalty

- One-fifth of the period of sentence
- Having evaded sentence under A158, gives himself up to the authorities within 48hrs following issuance
of proclamation announcing the passing away of the calamity or catastrophe referred to

CIVIL LIABILITY
a. Social injury – produced by the disturbance and alarm which are the outcome of the offense
b. Personal injury – caused to the victim of the crime who may have suffered damage wither to his pax, to
his prop, to his honor, or to her chastity

Civil liability exists, but no criminal liability

1. Acquittal based on reasonable doubt
2. Acquittal from a cause of non-imputability
3. Acquittal in the criminal action for negligence does not preclude the offended party from filing a civil action
to recover damages based on quasi-delict
4. There is only civil liability
5. ICA

After the criminal action has been commenced

 The civil action which has been reserved cannot be instituted until final judgment has been rendered in civil
 The civil action which has been instituted prior to the filing of the crim action shall be suspended, in whatever
stage before final judgment it may be found, until the final judgment in the crim action has been rendered

When necessary to reserve R to institute civil action

1. Art. 32 of the NCC
2. Defamation, fraud and physical injuries
3. Civil action is against a member of a city or municipal force for refusing or failing to render aid or
protection in any case of danger to life or property; he shall be primarily liable
4. in an action for damages from fault or negligence, there being no pre-existing contractual relation
between the parties (quasi-delict)

Prejudicial question
- one which arises in a case, the resolution of which is a logical antecedent of the issue involved in said
case, and the cognizance of which pertains to another tribunal
 | 15

- based on fact distinct and separate from the crime but so intimately connected with it that it determines
the guilt or innocence of the accused
1. determinative of the case before the court
2. jurisdiction to try said question must be lodged in another tribunal

Subsidiary liability of innkeepers, tavern keepers & proprietors

A1. The innkeepes, tavernkeeper or proprietor of establishment or his employee committed a violation of a
municipal ordinance or some general or special police regulation
A2. A crime is committed
A3. Pax criminally liable is insolvent

B1. Guest notified in advance the innkeeper or the pax representing him of the deposit of their goods within the
inn or house
B2. Guests followed the directions of the innkeeper or his rep with respect to the care of and vigilance over the
goods
B3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed
within the inn or house

Subsidiary liability of other person

1. the employer, teacher, person or corporation is engaged in any kind of industry
2. any of their servants, pupils, workmen, apprentices or employee commits a felony while in the discharge
of his duties
3. said employee is insolvent and has not satisfied his civil liability

Industry – an enterprise conducted as a means of livelihood or for profit does not come within the meaning of the
term “business” or “industry”

Civil liability includes—

1. restitution – in theft, the culprit is duty-bound to return the property stolen
2. reparation – in case of inability to return the property stolen, the culprit must pay the value of the prop
stolen
3. indemnification for consequential damages – loss of salary

Extinction & survival of civil liability

1. payment or performance
2. loss of the thing done
3. condolence or remission of the debt
4. confusion or merger of rights of creditor and debtor
5. compensation
6. notation

BOOK 2 - crimes

Σ Against National Security & Law Of Nations Σ

Treason
Conspiracy & proposal to commit treason
Misprision of treason
Espionage
Inciting to war or giving motives for reprisals
Violation of neutrality
Correspondence with hostile country
Flight to enemy country
Piracy in general & mutiny on the high seas

TREASON
*Reclusion Perpetua to death and fine not exceeding 100K
-breach of allegiance to a Governmentt, committed by a person who owes allegiance to it

Allegiance – obligation of fidelity and obedience which the individuals owe to the Govt under which they live or
sojourn or to their sovereign

1. offender is a Filipino citizen or an alien residing in the Phil

2. there is war in which the Phil is involved
3. offender wither levies war against the Govt OR adheres to the enemies, giving them aid or comfort

*to prove
a. testimony of at least 2 witnesses to the same overt act (2-witness rule)
 | 16

b. confession of accused in open court

CONSPIRACY TO COMMIT TREASON

*Prision Correccional and fine not exceeding 5K

- punishable even if mere preparatory acts since the very existence of the State is placed in jeopardy
- 2-witness rule does not apply

MISPRISION OF TREASON

*Accessory to treason
1. Offender owing allegiance to the Govt, not a foreigner
2. He has knowledge of any conspiracy
3. He conceals or does not disclose or make known the same as soon as possible to the governor or fiscal of
the province or the mayor or fiscal of the city in which he resides

ESPIONAGE *Prision Correccional

- offense of gathering, transmitting or losing information respecting the national defense with intent or
reason to believe that the information is to be used to the injury of the RP OR to the advantage of any
foreign nation

Kinds
a. entering, without authority therefor, a warship, fort, or naval or military establishment or reservation to
obtain any information, plans, or other data of a confidential nature relative to the defense of the Phil

1. offender enters any of the places mentioned therein

2. he has no authority therefor
3. his purpose is to obtain info, plans, photographs or other data of a confidential nature relative to the
defense of the Phil

b. disclosing to the representative of a foreign nation the contents of the articles, data or info referred to
which he had in his possession by reason of his public office

1. offender is a puboff
2. he has in his possession the articles, data or info referred to in (a)
3. he discloses its contents to a rep of a foreign nation

Espionage Treason
May be committed in both times of war and peace Only when there is war
May be committed in many ways Limited to 2 ways: levies OR adheres
both not conditioned on offender’s citizenship

INCITING TO WAR
*Reclurion Temporal if pub off or employee, Prision Mayor if private individual

1. Offender performs unlawful or unauthorized acts

2. His acts provoke or give occasion for a war involving or liable to involve the Phil or expose Filipino citizens
to reprisals on their person or property

VIOLATION OF NEUTRALITY *Prision Correccional

1. there is a war in which the Phil is involved
2. there is a regulation issued by competent authority for the purpose of ensuring neutrality
3. offender violates such regulation

neutrality – nation or power which takes no part in a contest of arms going on between others

CORRESPONDENCE WITH HOSTILE COUNTRY

* Prision Correccional if prohibited by the Govt
Prision Mayor if carried on in ciphers and conventional signs

Qualified:
Reclusion Temporal is such is useful to the enemy
Reclusion Temporal to death if offender intended to aid the enemy

1. in times of war in which Phil is involved

2. offender makes correspondence with an enemy country or territory occupied by enemy troops
3. correspondence is prohibited by the Govt OR carried on in ciphers or conventional signs OR contains info
which might be useful to enemy
 | 17

Correspondence - communication by means of letters; or, it may refer to letters which pass between those
who have friendly or business relations

FLIGHT TO ENEMY COUNTRY *Arresto Mayor

- mere attempt is punishable
1. war in which the Phil in involved
2. offender must be owing allegiance to the Govt
3. offender attempts to flee OR go to enemy country
4. going to enemy country is prohibited by competent authority

PIRACY *Reclusion Perpetua

Art. 123- Non-crew and non-passengers
PD 352 – by any person

1. a vessel is on the high seas or in Phil waters

2. offenders are not members of its complement or passengers of the vessels
3. offenders attack or seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers

QUALIFIED PIRACY
* Recluion Perpetua to death
- Whenever they have seized a vessel by boarding or firing upon the same
- Whenever the pirates have abandoned their victims without means of saving themselves
- Whenever the crime is accompanied by murder, homicide, physical injuries or rape

Mutiny
- unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship
against the authority of its commander

Piracy Mutiny
Person who attack a vessel or seize the cargo Offenders are members of the crew
are strangers to the vessel
Intent to gain necessary Offenders may only intend to ignore the ship’s officers OR
they may be prompted by a desire to commit plunder

Philippines waters
- all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the
Islands of the Phil archipelago, irrespective of the depth, breadth, length or dimension, and all other waters
belonging to the Phil by historic or legal title, including territorial sea, the seabed, the insular shelves, and
other submarine areas over which the Phil has jurisdiction or sovereignty

Philippines vessel
- any vessel or watercraft used for transport of passengers and cargo from one place to another through Phil
waters
- includes all kinds and types of vessels or boats used in fishing

Σ Fundamental Laws Against the State Σ

ARBITRARY DETENTION
1. offender is a public officer or employee
2. he detains a person
3. the detention is legal grounds

less than 3days – Arresto Mayor max to Prision Correccional minimum

more than 3days but less than 15days
- Prision Correccional medium to maximum
More than 15days but less than 6mos – Prision Mayor
More than 6mos – Reclusion Temporal

Art. 125 DELAY IN DELIVERY OF DETAINED PERSON TO THE PROPER JUDICIAL AUTHORITIES
* penalties same as in arbitrary detention

1. offender is a pub off or employee

2. he has detained a person for some legal ground
3. he fails to deliver such person to the proper judicial authorities within:
 | 18

- 12hrs for those punishable as light offenses

- 18hrs for those punishable with correctional penalties
- 36hrs for those punishable with afflictive or capital penalties

When is there detention?

- When pax in confinement or there is a restraint on his pax

Legal grounds for detention

1. Commission of a crime
2. Violent insanity or other ailment requiring the compulsory confinement of the patient in the hospital

Art. 126 DELAYING RELEASE

* penalties same as in arbitrary detention
- delaying the performance of a judicial or executive order for the release
- unduly delaying the service of the notice of such order to said prisoner
- unduly delaying the proceedings upon any petition for the liberation of such pax

1. Offender is a puboff or employee

2. There is a judicial or executive order for the release of a prisoner or detention prisoner, or there is a
proceeding upon a petition for the liberation of such pax
3. Offender without good reason delays the service of the notice of such order to the prisoner, or the
performance of such executive order for the release of a prisoner, or the proceedings upon a petition for the
release of such pax

Art. 127 EXPULSION

*Kinds
1. Expelling a person from the Phil
2. Compelling a pax to change his residence

Art. 128 VIOLATION OF DOMICILE )

* Prision Correccional minimum; Prision Correccional maximum if committed in nighttime OR if papers and effects
are not returned immediately

Ways committed:
a. By entering a dwelling against the will of the owner thereof, making search without previous consent
b. Search warrants maliciously obtained and abuse in the service of those legally obtained
c. Searching domicile without witnesses

1. Offender is a puboff or employee

2. He is not authorized by judicial order to enter the dwelling and/ or to make a search therein for papers or other
effects

Art. 129 SEARCH WARRANT MALICIOUSLY OBTAINED

* Arresto Mayor max to Prision Mayor min; and fine not exceeding 1K

Search warrant – an order in writing issued in the name of the People, signed by the judge and directed to a
peace officer, commanding him to search for personal property described therein and to bring it before the court

Ways committed:
1. Procuring a search warrant without just cause
2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally
procured

1. Offender is a puboff or employee

2. He procures a search warrant
3. There is no just cause

Art. 130 SEARCHING DOMICILE WITHOUT WITNESSES

1. Offender is a puboff or employee
2. He is armed with search warrant legally procured
3. He searchers the domicile, papers or other belongings of any pax
4. The owner, or any member of his family, or 2 witnesses residing in the same locality are not present

Re PEACEFUL MEETINGS
* PC min

Ways committed:
 | 19

a. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting, OR

dissolving the same
b. By hindering any pax from joining any lawful association or from attending any of its meetings
c. By prohibiting or hindering any pax from addressing, wither alone or together with others, a petition to
the authorities for the correction of abuses or redress of grievances

1. Offender is a puboff or employee

2. He performs any of the acts mentioned above

Art. 133 INTERRUPTION OF RELIGIOUS WORSHIP

* PC min; if attended with violence, PC med and max

1. offender is a puboff or employee

2. that religious ceremonies or manifestations of any religion are about to take place or are ongoing
3. offender prevents or disturbs the same

Art. 133 OFFENDING RELIGIOUS FEELINGS

1. acts complained of were performed in a place devoted to religious worship OR during the celebration of
any religious ceremony
2. acts must be notoriously offensive to the feelings of the faithful

Σ Against Public Order Σ

REBELLION AND INSURRECTION

1. there be a public uprising or taking arms against the Govt
2. purpose of the uprising is either
- to remove from the allegiance to said Govt or its laws the territory of the Phil or any part thereof or any
body of land, naval or other armed forces
- to deprive the CE or Congress, wholly or partially, of their powers or prerogatives

COUP D’ ETAT
* PM min and affine not less than P8K

1. offender is a person or persons belonging to the military or police or holding any public office or employment
2. it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth
3. attack is directed against the duly constituted authorities of the RP, or any military camp or installation,
communication networks, public utilities or other facilities needed for the exercise and continued possession
of power
4. purpose of the attack is to seize or diminish state power

RP – promotes, maintains or heads

RT – participates or executes commands
RT max – in Govt service
PMayor max – not in Govt service

Who are liable for rebellion, insurrection and/or coup d’etat?

1. LEADERS- any pax who promotes, maintains or heads a rebellion or insurrection
- Any pax who leads, directs or commands others to undertake a coup e’etat
2. PARTICIPANTS- any pax who participates or executes the commands of others in RIS
- Any pax not in the govt service who participates, supports, finances, abets or aids in undertaking a
coup d’etat

DISLOYALTY OF PUBLIC OFFICERS or EEs

* PC min
- must be puboff; must not be in conspiracy with rebels
Ways committed:
a. failing to resist a rebellion by all means in their power
b. continuing to discharge the duties of their offices under the control of the rebels
c. accepting appointment to office under them

Art. 138 INCITING TO REBELLION OR INSURRECTION

* PM min

1. offender does not take arms or is not in open hostility against the Govt
2. he incites others to the execution of any of the acts of rebellion
3. inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations
tending to the same end
 | 20

Art. 139 SEDITION

* leader PM max and fine not exceeding P10K; others, PC max and fine not exceeding P5K

1. offenders rise publicly and tumultuously

2. they employ force, intimidation, or other means outside of legal methods
3. offenders employ any of those means to attain any of the ff:

a. prevent the promulgation or execution of any law or the holding of any popular election
b. prevent the Natl Govt or any provincial or municipal govt, or any puboff thereof from freely exercising its
or his functions, or prevent the execution of any administrative order
c. inflict any act of hate or revenge upon the pax or property of any puboff or employee
d. commit, for any political or social end, any act of hate or revenge against private pax or any social class
e. despoil, for any political or social end, any pax, municipality or province, or the Natl Govt of all its
properties or any part thereof

CONSPIRACY TO COMMIT SEDITION

* PC med and fine not exceeding P2K
- object is to violate or engender public peace

Art. 142 INCITING TO SEDITION

* PC max and fine not exceeding P2K

1. offender does not take direct part in the crime

2. he incites others to do the accomplishment of any of the acts which constitute rebellion
3. the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end

Σ Against Popular Representation Σ

TENDING TO PREVENT THE MTG OF THE ASSEMBLY

* PC or fine of P200-2K, or both

1. there be a projected or actual meeting of the Natl Assembly or any of its committees
2. offender who may be any pax prevents such mtg by force or fraud

DISTURBANCE OF PROCEEDINGS
* AMayor or fine of P100-1K

1. there be a meeting of the NA or any of its committees

2. offender disturbs any of such mtgs or behaves while in the presence of any of such bodies in such a manner
as to interrupt its proceedings or impair the respect due it

VIOLATION OF PARLIAMENTARY IMMUNITY

* PM; PC if public officer or employee

A1. offender uses force, intimidation, threats or fraud

A2. The purpose of the offender is to prevent any member of the NA
- attending the mtgs or of any of its committees or sub-comm; or,
- expressing his opinions,or
- casting his vote

B1. Offender is a public officer

B2. He arrests or searches any member of the NA
B3. The assembly is in regular or special session at time of search or arrest
B4. A member arrested or searched has not committed a crime punishable under the Code by a penalty
higher than prision mayor

Art. 146 ILLEGAL ASSEMBLIES

* PC max to PM med for leaders and organizers
AMayor for those present: if armed, PC

Kinds:
a. any mtg attended by armed pax for the purpose of committing any of the crimes punishable under the
Code

1. there is a meeting, a gathering or group of pax, whether in a fixed place or moving

2. the meeting is attended by armed pax
 | 21

b. any mtg in which the audience, whether armed or not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition, or assault upon a pax in authority or his agents

1. there is a meeting , a gathering or a group of pax, whether in a fixed place or moving

2. the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or direct assault

Art. 147 ILLEGAL ASSOCIATIONS

* PC min and med, and fine not exceeding P1k for heads; AMayor for members

Art. 148 DIRECT ASSAULT

* PC med and max and fine not exceeding P1k if committed with weapon or puboff
PC min and fine not exceeding P500 if not

A1. Offender employs force or intimidation

A2. Aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the
crime of sedition

B1. Offender makes an attack, employs force, makes serious intimidation, or makes serious resistance
B2. Pax assaulted is a pax in authority or his agent
B3. At the time of the assault, the pax in authority or his agent is
- engaged in the actual physical performance of his official duty, or
- he is assaulted by reason of the past performance of official duty
B4. Offender knows that the one he is assaulting is a pax in authority or his agent in the exercise of his duties
B5. There is no public uprising

- knowledge that pax is one with authority is essential

qualified direct assault
- committed with a weapon
- offender is a puboff or employee
- offender lays lands upon a pax in authority

Art. 149 INDIRECT ASSAULT

* PC min and med and fine not exceeding P500

1. a pax in authority or his agent is the victim of any of the forms of direct assault defined in A148
2. pax comes to the aid of such authority or agent
3. offender makes use of force or intimidation upon such pax coming to the aid of the authority or his agent

- only committed when direct assault is committed

DISOBEDIENCE TO SUMMONS (A150)

* AMayor or fine of P200-1k, or both

Ways committed:
a. refusing, without legal excuse, to obey summons of the Congress or its committee, sub-committee
etc. authorized to summon witnesses
b. refusing to be sworn or placed under affirmation while being before such legislative or consti body or
official
c. refusing to answer any legal inquiry or to produce any books, papers, docu, or records in his
possession when required by them to do so in the exercise of their functions
d. restraining them from attending as a witness in such legislative or consti body
e. inducing disobedience to a summons or refusal to be sworn by any such body or official

RESISTANCE & DISOBEDIENCE TO A PAX IN AUTHORITY OR HIS AGENTS (A151)

* AMayor and fine not exceeding P500

1. pax in authority is engaged in the performance of official duty or gives a lawful order to the offender
2. Offender resists or seriously disobeys such pax in authority or his agent
3. Act of offender is not included in A148-150

SIMPLE DISOBEDIENCE
1. An agent of a pax in authority is engaged in the performance of official duty or gives a lawful order to the
offender
2. Offender disobeys such agent or pax in authority
3. Such disobedience is not of a serious nature

PERSON IN AUTHORITY (A152)

 | 22
- d i r e c t l y v e s t e d w i t
commission
- tasked with maintenance of public order, and protection and security of life and property

1. municipal mayor
2. division superintendent of schools
3. public and private school teachers
4. teacher-nurse
5. president of sanitary division
6. provincial fiscal
7. justice of the peace
8. municipal councilor
9. barrio captain and brgy chairman

agent of a pax in authority

- by direct provision of the law, or by election, or by appointment by competent authority, is charged with
maintenance of public order and the protection and security of life and property, and any pax who comes to
the aid who comes to the aid of the pax in authority

TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDER (A153)

* AMayor med to PC min and fine not exceeding P1k
Qualified: armed men or provided with means of violence, penalty next higher in degree

1. causing any serious disturbance in a public place, office or establishment

2. interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if act is not included in
A131
3. making an outcry tending to incite rebellion or sedition in any meeting, assn or place
4. displaying placards or emblems which provoke a disturbance of public order in such place
5. burying with pomp the body of a pax who has been legally executed

outcry – to shout subversive or provocative words tending to stir up the people to obtain by means of force or
violate any of the objects of rebellion or sedition

ALARMS AND SCANDALS

* AMenor or fine of P200
1. any pax who within any town or public place, shall discharge any firearm, rocket, firecracker, or other
explosive calculated to cause alarm and danger
2. any pax who shall instigate or take active part in any charivari or other disorderly meeting offensive to another
or prejudicial to public tranquility
3. any pax who, while wandering about at night, or while engaged in any other nocturnal amusements, shall
disturb the public peace
4. any pax who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided
that the circumstance of the case does not fall under A153

DELIVERING PERSONS FORM JAIL (A156)

* AMayor to PC min
- violence, intimidation or bribery is not necessary

1. there is a pax confined in jail or penal establishment

2. offender removes therefrom such pax, or helps in the escape of such pax

EVASION OF SERVICE OF SENTENCE (A157)

* PC med and max

1. offender is a convict by final judgment

2. he is serving his sentence which consists in deprivation of liberty
3. he evades service of his sentence by escaping during the term of sentence

when qualified:
1. by means of unlawful entry
2. by breaking doors, windows, gate, walls, roofs, floors
3. by using picklocks, false keys, disguise, deceit, violence or intimidation
4. through connivance with other convicts or employees of the penal institution

Violation of conditional Evasion of sentence by

pardon
Not cause harm or injury nor
disturb public order
escaping
Attempt at least to evade
penalty and defeat purpose
of the law of either reforming
or punishing them for having
 | 23

disturbed public order

EVASION OF SERVICE OF SENTENCE ON OCCASION (A158)

* increase by 1/5 of time still remaining but not to exceed 6months

1. offender is a convict by final judgment who is confined in a penal institution

2. there is a disorder, resulting form conflagration, earthquake, explosion, or similar catastrophe, or mutiny in
which he has not participated
3. offender evades the service of his sentence by leaving the penal institution where he is confined, on occasion
of such disorder, or during the mutiny
4. offender fails to give himself up to the authorities within 48hrs following the issuance of a proclamation by the
CE announcing the passing away of such calamity

VIOLATION OF CONDITIONAL PARDON (A159)

* PC min

1. offender was a convict

2. he was granted a conditional pardon by the CE
3. he violated any of the conditions of such pardon

COMMISSION OF ANOTHER CRIME DURING SEVICE OF PENALTY (A160)

* max of the new felony

1. offender was already convicted by final judgment of one offense

2. he committed a new felony before beginning to serve such sentence or while serving the same

COUNTERFEITING SEAL OF THE GOVT

FORGING THE SIGNATURE OF THE PREX
FORGING THE STAMP OF THE PREX (A161)
* reclusion perpetua

USING FORGED SIGNATURE OR CO9UNTERFEIT SEAL OR STAMP (A162)

* PM

1. the Great Seal of the Republic was counterfeit or the signature or stamp of the Prex was forged by another
pax
2. offender knew of the counterfeiting or forgery
3. he used the counterfeit seal or forged signature or stamp

RE COUNTERFEIT COINS (A163)

- if it is forged or if not authorized by the Govt as legal tender, regardless of its intrinsic value

1. there be a false or counterfeit coins

2. offender either made, imported or uttered such coins
3. in case of uttering such false or counterfeit coins, he connived with the counterfeiters or importers

coin – piece of metal stamped with certain marks and mede current at a certain value

MUTILATION OF SUCH COINS (A164)

* PC min and fine not exceeding P2k

Mutilation – take off part of the metal either by filing it or substituting it for another metal of inferior quality

Acts punished:
1. mutilating coins of the legal currency, with the further requirement that there be intent to damage or
defraud another
2. importing or uttering such mutilated coins, with the further requirement that there must be connivance with
the mutilator or importer in case of uttering

SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE (A165)

* penalty lower by one degree than that prescribed
- includes constructive possession

A1. possession with intent to utter

A2. knowledge
 | 24

B1. actually uttering, and

B2. knowledge

ACTS PUNISHED IN A166

1. forging or falsification of treasury or bank notes or other docu payable to bearer
2. importation of such false or forged obligation/ notes
3. uttering of such false or forged obligation/ notes in connivance with the forgers or importers

obligation or security
- all bonds, notes, certificates of indebtedness, national bank notes, coupons, treasury notes, fractional notes,
certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the US or PI, and
other rep of value, of whatever denomination which have been or may be issued under any Act of Congress
COUNTERFEITING, IMPORTING & UTTERING INST NOT PAYABLE TO BEARER (A167)
* PC med and max and fine not exceeding P6k

1. there be an inst payable to order or other docu of credit not payable to bearer
2. offender either forged, imported or uttered such inst
3. in case of uttering, he connived with the forger or importer

ILLEGAL POSSESSION & USE OF FALSE TREASURY OR BANK NOTES & OTHER INST OF CREDITS
(A168)
* penalty next lower in degree than that prescribed

1. any treasury or bank note or certificate or other obligation and security payable to bearer, or any inst payable
to order or other docu or credit
2. not payable to bearer
3. is forged or falsified by another person
4. offender knows that any of those inst is forged or falsified
5. he performs any of these acts—
a. using any of such forged or falsified docu
b. possessing with intent to use any of such forged or falsified docu

HOW FORGERY IS COMMITTED (A169)

a. giving to a treasury or bank note or any inst payable to bearer or order mentioned therein, the appearance of
a true and genuine docu
b. erasing, substituting, counterfeiting or altering by any means the figures, letters, words, or sign contained
therein
ACTS OF FALSIFICATION
1. counterfeiting or imitating any handwriting, signature or rubric
2. causing it to appear that pax have participated in any act or proceeding when they did not in fact
participate
3. attributing to pax who have participated in an act or proceedings statements other than those made by
them
4. making untruthful statements in a narration of facts
5. altering true dates
6. making any alteration or intercalation in a genuine docu which changes its meaning, which is false
7. issuing in authenticated form a docu purporting to be a copy of an orig when no such orig exists or
contents are contrary or different to original
8. intercalating any inst or note relative to the issuance thereof in a protocol, registry or official book

FALSIFICATION OF LEGIS DOCU (A170)

* PC mac and fine not exceeding P6k
- act is limited to altering the doc which changes its meaning
1. there be a bill, resolution or ordinance enacted or approved or pending approval by either House of the LEgis
or any provl board or municipal council
2. offender alters the same
3. he has no proper authority therefore
4. the alteration has changed the meaning of the docu

FALSIFICATION BY PUBOFF, EMPLOYEE OR NOTARY OR ECCLESIATICAL MINISTER (A171)

* PM and fine not exceeding P5k

1. offender is a puboff, ee or notary public

2. he takes advantage of his official position
3. he falsifies the doc
4. in case offender is a minister, such falsi may affect the civil status of a pax

USE OF FALSIFIED DOC (A172)

* PC med and max not exceeding P5k
 | 25

Ways committed:
a. introducing in a judicial proceeding
1. offender knew that a doc was falsified by another pax
2. the false doc is embraced in A171 or in Nos 1 and 2 of A172
3. he introduced in evidence in any judicial proceeding

b. use in any transaction

1. offender knew that a doc was falsified by another pax
2. false doc is embraced in A171 or Nos 1 and 2 of A172
3. he used such doc
4. the use of false doc caused damage to another or at least it was used with intent to cause such
damage

FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH & TELEPHONE MSGS, AND USE OF FALSIFIED
MSGS (A173) * PC med and max

FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT/ SERVICE (A174)

* AMayor max to PC min and fine not exceeding P1k

USING FALSE CERTIFICATES (A175)

* AMenor

1. physician or surgeon issued a false medical cert, or a puboff had issued a false cert of merit or of service
2. offender knew that the cert has value
3. he used the same

kinds of documents
a. public – created, executed or issued by a puboff in response to the exigencies of the public service or in
the execution of which a puboff intervened
- authorized by a notary public or a competent puboff with the solemnities reqd by law
b. official – issued by a puboff in the exercise of the functions of his office (public document)
c. commercial – doc or inst used by merchants or businessmen to promote or facilitate trade or credit trans;
regulated by the Code of Commerce
d. private doc – deed or inst executed by private pax without the intervention of a notary public or other pax
legally authorized, by which doc some disposition or agreement is proved, evidenced or set forth

public writings
1. written officiated acts or records of the official acts of the sovereign autho, official bodies and tribunals, and
puboff, whether of the Phil, or of a foreign country
2. doc acknowledged before a notary public except last wills & testaments
3. public records, kept in the Phil, of private doc reqd by law to be entered therein

acts punished in A176

1. making or introducing into the Phil any stamp, dies, marks or other inst or implement for counterfeiting or
falsification
2. possessing with intent to use inst or implements for counterfeiting or falsification made inor introduced into
Phil by another pax

WAYS OF COMMITTING CRIME IN A177

1. knowingly and falsely representing oneself to be an officer, agent or rep of any dept or agency of the Phil
govt or any foreign govt
2. by performing any act pertaining to any pax in authority or puboff of the Phil govt or of a foreign govt or
any agency thereof, under pretense of official position and without being lawfully entitled to do so

USING FICTITIOUS OR FALSE NAME/

CONCEALING FALSE NAME (A178)
* AMayor and fine not exceeding P500
- any other name which a pax publicly applies to himself without authority of law

A1. offender uses a name other than his real name

A2. uses that fictitious name publicly
A3. the purpose of the offender is
- to conceal crime
- to evade the execution of a judgment
- to cause damage to public interest

B1. offender conceals his true name and all other personal circ
B2. the purpose is only to conceal his identity
 | 26

FALSE TESTIMONY AGAINST DEFENDANT (A180)

- committed by a pax who, being under such, and required to testify as to the truth of a certain matter at a
hearing before a competent authority, shall deny the truth or say something contrary to it

1. there be a criminal proceeding

2. offender testifies under oath against the defendant therein
3. offender who gives false testi knows that it is false

FALSE TESTIMONY FAVORABLE TO DEFENDANT (A181)

* AMayor max to PC min and fine not to exceed P1k
- by a pax who, being under oath and required to testify as to the truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say something contrary to it

FALSE TESTIMONY (A182)

* PC min and fine not to exceed P6k if amount in controversy exceeds P5k
PC min and fine not to exceed P1k if amount in controversy is less or indeterminate

1. testimony must be given in civil cases

2. testimony must relate to the issues in said case
3. testimony must be false
4. false testimony must be given by the defendant knowing the same to be false
5. testimony must be malicious and given with an intent to affect the issues presented in said case

PERJURY (A183)
* AMayor to PC min

1. accused made a statement under oath or executed an affidavit upon a material matter
2. statement or affidavit was made before a competent officer, authorized to receive and administer oath
3. in the statement of affidavit, the accused made a willful and deliberate assertion of falsehood
4. sworn statement of affidavit containing the falsity is required by law

oath – any form of attestation by which a pax signifies that he is bound in conscience to perform an act faithfully
and truthfully

material matter – main fact which is the subject of the inquiry or any circ which tends to prove that fact, or any
fact or circ which tends to corroborate or strengthen the testi relative to the subject of inquiry, or which is
legitimately affects the credit of any witness who testifies

material – directed to prove a fact in issue

relevant – when it tends in reasonable degree to establish the probability or improbability of a fact in issue
pertinent – concerns collateral matters which make more or less probable the proposition at issue

FALSE TESTIMONY IN EVIDENCE (A184)

1. offender offered in evidence a false witness or false testi
2. he knew the witness or the testi was false
3. offer was made in a judicial or official proceeding

SOLICITING GIFTS OR PROMISE IN PUBLIC AUCTION

1. there be a public auction
2. the accused solicited any gift or a promise from any of the bidders
3. such gift or promise was the consideration for his refraining from taking part in that public auction
4. accused had the intent to cause the reduction of the price of the thing

CAUSING BIDDERS TO STAY AWAY

- consummated by mere solicitation

1. there b e a public auction

2. accused attempted to cause the bidders to stay away from that public auction
3. done by the threats, gifts, promises or any other artifice
4. accused had intent to cause the reduction of the price of the thing auctioned

ACTS PUNISHED AS MONOPOLIES/ COMBINATIONS (A186)

1. combination to prevent free competition in the market
2. monopoly to restrain free competition in the market
3. manufacturer, producer or processor, or importer combining, conspiring or agreeing with any pax to make
transactions prejudicial to lawful commerce or to increase the market price of merchandise

UNFAIR COMPETITION
 | 27

- consists in employing deception or any other means contrary to good faith by which any pax shall pass off
the goods manufactured by him or in which he deals, or in his business, for those of the one having
established goodwill or committing acts calculated to produce such result

1. offender gives his goods the general appearance of the goods of another manufacturer or dealer
2. general appearance is shown in the goods themselves, or in the wrapping of their packages, or in the device
or words therein, or in any other feature in their appearance
3. offender offers to sell or sells those goods or gives other pax a chance or opportunity to do the same with a
like purpose
4. there is actual intent to deceive the public or defraud a competitor

acts punishable under A188:

1. by substituting the trade name or trademark or some other manufacturer, or dealer, or a colorable
imitation thereof, for the trade name or trademark of the real manufacturer or dealer upon any article of
commerce, and selling the same
2. by selling or by offering for sale such articles of commerce, knowing that the TN and TM has been
fraudulently used
3. by using or substituting the service mark of some other pax, or a colorable imitation of such mark, in the
sale or advertising of his service
4. by printing, lithographing or reproducing TN, TM or SM of one pax, or a colorable imitation thereof, to
enable another pax to fraudulently use the same, knowing the fraudulent purpose for which it is to be
used

mark – any visible sign capable of distinguishing the goods (TM) or services (SM) of an enterprise and shall
include a stamped or marked container, origin or ownership

trade name – name or designation identifying or distinguishing an enterprise

Σ Relative to Opium & Other Prohibited Drugs Σ

Administer – act of introducing any dangerous drug into the body of any pax, with our without his knowledge, by
injection, ingestion or other means OR of committing any act of indispensable assistance to a pax in
administering a dangerous drug to himself

Prohibited drug – includes opium and its active components and derivatives, such as heroin and morphine and
other substances producing similar effects

Regulated drug – includes self-inducing sedatives, such as secobital, phenobarbarbital and any other drug which
contains salt or a derivative of a=salt or barbituric acid

Drug dependence – state of psychic or physical dependence, or both, on a dangerous drug, arising in a pax
following administration or use of that drug on a periodic or continuous basis

Σ Against Public Morals Σ

gambling
importation, sale & possession of lottery tickets or advetisemens
betting in sports contests
illegal betting in horse contests
illegal cockfighting

Σ Against Decency & Good Customs Σ

grave scandal
immoral doctrines, obscene publication/ exhibition
vagrancy & prostitution

GAMBLING
* AMenor or a fine not exceeding P200
If a recidivist, AMayor or fine P200-6k
- game or scheme the result of which depends wholly or chiefly upon chance or hazard

1. money or other consideration of value be at stake

2.the result of the game depends wholly or chiefly upon chance or hazard

knowingly permitting gambling to be carried on in a place owned or controlled by offender

1. a gambling game was carried on in an inhabited or uninhabited place, building, vessel or other means of
traspo
2. place, building, vessel or other means of transpo is owned or controlled by the offender
3. offender permitted the carrying on of such game, knowing that it is a gambling place
 | 28

maintainer – pax who sets up and furnishes the means with which to carry on the game of jueteng

conductor – pax who manages or carries on the game of jueteng

banker – pax who keeps the money from which the winner is to paid

LOTTERY – scheme for the distribution of prizes by chance among pax who have paid, or agreed to pay, a
valuable consideration for the chance to obtain a prize

1. consideration
2. chance
3. prize, or some other advantage or inequality in amount or value which is in the nature of a prize

GRAVE SCANDAL (A200)

* AMayor and public censure
- consists of acts which are offensive to decency and good customs which, having been committed publicly, have
given rise to public scandal to pax who have accidentally witnessed the same

1. offender performs an act or acts

2. such act or acts be highly scandalous as offending against decency or good customs
3. highly scandalous conduct is not expressly falling within any other article
4. the act or acts complained of be committed in a public place or within the public knowledge or view

test of obscenity
- offensive to charity, decency, delicacy
- whether the tendency of the matter charged is obscene is to deprave or corrupt those whose minds are
open to such immoral influences and into whose hands such publication may fall and also whether or not
such public or act shocks the ordinary and common sense of men as an indecency

VAGRANTS & PROSTITUTES (A202)

* AMenor or fine not exceeding P200;
if recidivist, PC min or a fine P200-2k

who are—
1. any pax having no apparent means of subsistence, who has the physical ability to work and who neglects to
apply himself or herself to some lawful calling
2. any pax found loitering about public or semi-public buildings or places, or tramping or wandering about the
country or the streets without visible means of support
3. any idle or dissolute pax who lodges in houses of ill-fame; ruffians or pimps and those who habitually
associate with prostitutes
4. any pax who, not being included in the provisions of this Code, shall be found loitering in any inhabited
place belonging to another without any lawful or justifiable purpose
5. prostitutes
- women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct

Σ Crimes committed by Public Officers Σ

PUBIC OFFICERS (A203)

a. taking part in the performance of public functions in the Govt
b. his authority to take part in the performance of public function or to perform public duties must be –
- by direct provision of the law
- by popular election
- by appointment of competent authority

misfeasance – improper perf of some act which might lawfully be done

malfeasance – perf of some act which ought not to be done
nonfeasance – omission of some act which ought to be formed

KNOWINGLY RENDERING UNJUST JUDGMENT (A204)

* PM and perpetual absolute disqualification

1. offender is a judge
2. he renders judgment in a case submitted to him for decision
3. judgment is unjust
4. judge knows the judgment to be unjust

unjust judgment – rendered knowingly, when it is made deliberately and maliciously

 | 29

JUDGMENT RENDERED THROUGH NEGLIGENCE (A205)

* AMayor and temporary special disqualification

1. offender is a judge
2. he renders judgment in a case submitted to him for decision
3. judgment is manifestly unjust
- pax having meager knowledge of the law cannot doubt the injustice
4. it is due to his inexcusable negligence or ignorance

UNJUST INTERLOCUTORY ORDER (A206)

1. offender is a judge
2. he performs any of the ff acts:
- knowingly renders unjust interlocutory order/ decree
- renders manifestly unjust interlocutory order/ decree through inexcusable negligence or ignorance

interlocutory order – issued by the court between the commencement and the end of a suit or action and
which decides some point or matter, but which, however, is not a final decision of the matter in issue

MALICIOUS DELAY IN ADMIN OF JUSTICE (A207)

* PC min

1. offender is a judge
2. there is a proceeding in his court
3. he delays the administration of justice
4. the delay is malicious

judgment – the final consideration and determination of a court of competent jurisdiction upon the matters
submitted to it in an action or proceeding

elements of dereliction of duty in prosecution of offenses

1. offender is a puboff or officer of the law who has a duty to cause the prosecution of, or to prosecute
offenses
2. there is dereliction of duties of his office; that is, knowing the commission of the crime, he does not cause
the prosecution of the criminal or knowing that a crime is to be committed, he tolerates his commission
3. offender acts with malice and deliberate intent to favor the violation of the law

acts punished as betrayal of trust by attorney

1. by causing damage to his client either by any malicious breach of professional duty or by inexcusable
negligence
2. by revealing any of the secrets of his client learned by him in his professional capacity
3. by undertaking the defense of the opposing party in the same case, without the consent of his first client,
after having undertaken the defense of said first client or after having received confidential info from said
client

DIRECT BRIBERY (A210)

* PM med and max, and fine not less than the value of gift nor three times more plus penalty of crime agreed
upon
PM med and fine not less than twice the value of gift if act does not constitute a crime

1. offender is a puboff
2. offender accepts an offer or promise or receives a gift or present by himself through another
3. with a view to committing some crime OR
in consideration of the execution of an act which does not constitute a crime, but the act must be unjust OR
4. act which the offender agrees to perform or which he executes be connected with the performance of his
official duties

four essential things in bribery

a. def be a puboff
b. he has received either personally or through another gifts or presents OR accepted offers or promises
c. such reception of gifts or presents or acceptance of offer or promises has been for the purpose of
executing a crime
d. act constituting crime consists/ relates to the exercise of the office which he discharges

INDIRECT BRIBERY (A211)

* AMayor min and med, and public censure
- usually in anticipation of a future favor

1. offender is a puboff
 | 30
2. he accepts gifts
3. said gifts are offered to him by reason of his office

direct indirect
Agreement between puboff
No agreement
and giver exists
Offender agrees to perform Not necessary as it is
act or refrains from doing enough that he accepts gifts
something because of the offered to him by reason of
gift or promise his puboff
Puboff receives gifts

QUALIFIED BRIBERY (A211-A)

* penalty for the offense which was not prosecuted

a. offender is a puboff entrusted with law enforcement

b. offender refrains from arresting or prosecuting an offender who has committed a crime punishable by
reclusion perpetua and/ or death
c. offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or present

CORRUPTION OF PUBLIC OFFICIALS (A212)

* same penalty imposed on the public officer

1. offender makes offers or promises or gives gifts/ presents to a p0uboff

2. offers or promises are made or the gifts/ presents given to a puboff
3. under circumstances that will make the puboff liable for direct or indirect bribery

FRAUD AGAINST PUBLIC TREASURY (A213)

* PC med to PM min, or fine of P200-10k, or both

1. offender be a puboff
2. he should have taken advantage of his office
3. he entered into an agreement with any interested party or speculator or made use of any scheme with
regard to
- furnishing supplies
- making of contracts
- adjustment or settlement of accounts relating to public property or funds
4. accused had intent to defraud the Govt

FRAUD (A214)
* temp special disqualification in addition to penalties prescribed

1. offender is a puboff
2. he takes advantage of his official position
3. he commits any of the frauds or deceits in A315-318, RPC (swindling & other deceits)

PROHIBITED TRANSACTIONS (A215)

* PC min or fine P200-1k

1. offender is a puboff
2. he becomes interested, directly or indirectly, in any transaction or exchange or speculation
3. transaction takes place within the territory subject to his jurisdiction
4. he becomes interested during his incumbency

MALVERSATION (A217)
- applies to private individuals who, in any capacity whatsoever, have charge of national provincial or
municipal funds, revenues or property
- applies to any administrator or depository of funds or property attached, seized or deposited by public
authority

1. offender is a puboff
2. he had the custody or control of funds or property by reason of the duties of his office
3. those funds or property were public funds for which he was accountable
4. he appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted
another person to take them

kinds
 | 31

a. by appropriating, misappropriating or permitting any other pax to take public funds or property
b. failure of accountable officer to render accounts
c. failure of a responsible puboff to render accts before leaving the country
1. offender is puboff
2. he must be an accountable officer
3. he must have unlawfully left the Phil without securing from the COA a cert showing that his accounts
have been finally settled

d. illegal use of funds or property

1. offender is a puboff
2. there is public fund or prop under his administration
3. such had been appropriated by law or ordinance
4. he applies the same to public use other than that for which such fund or prop has been appropriated
by law or ordinance

e. failure to make delivery of public funds or property

PC med and max – does not exceed P200

PM min and max – P200-6k
PM max to RT min – more than P6k but less than
P12k
RT med and max – more than P12k but less than P22k
RT max to RP – more than P22k
PLUS perpetual special disqualification AND fine equal to the value

failure to render accounts by puboff

* PC min, fine P200-6k

1. puboff, in the service or separated

2. accountable for public funds or prop
3. required by law or regulation to render accounts to Commission on Audit or provincial auditor
4. he fails to do so for a period of 2 months after such accts should have been rendered

reason: the law does not so much contemplate the possibility of malversation as the need of enforcing by a
penal provision the performance of a duty incumbent upon every public employee who handles government
funds to render an acct of all he receives or has in his charge

INFIDELITY IN CUSTODY OF PRISONERS

a. conniving or consenting to evasion (A223)
* PC med and max and temp special disqualification to perpetual
* if not yet sentenced, PC min and temp special disqualification

1. offender is a puboff
2. he had in his custody or charge a prisoner
3. such prisoner escaped from his custody
4. he was in connivance with the prisoner in the latter’s escape

b. evasion through negligence (A224)

* AMayor max to PC min and temp special disqua

1. offender is a puboff
2. he is charged with the conveyance or custody of an officer
3. such prisoner escapes through his negligence

c. escape of prisoner in custody of pax other than a puboff (A225)

1. offender is a private pax

2. the conveyance or custody of a prisoner or pax under arrest is confided to him
3. such pax escapes
4. offender consents to the escape or the escape takes place through his negligence

INFIDELITY IN CUSTODY OF DOCUMENTS

a. removal, concealment or destruction of doc (A226)
1. offender is a puboff
2. he abstracts, destroys or conceals a doc or prisoner
3. said doc or paper should have been entrusted to such puboff by reason of his reason
4. damage, serious or not, to a third party or to the public interest should have been caused

b. officer breaking seal (A227)

1. offender is a puboff
 | 32

2. he is charged with the custody of papers or prop

3. these papers or prop are sealed by proper authority
4. he breaks the seals or permits them to be broken

c. opening of closed doc (A228)

1. offender is a puboff
2. any closed papers, docu, or objects are entrusted to his custody
3. he opens or permits to be opened said papers, docu or objects
4. he does not have proper authority

REVELATION OF SECRETS
A. by public officer

a. revealing any secrets known to offending puboff by reason of his official capacity
1. offender a puboff
2. he knows of a secret by reason of his official capacity
3. he reveals such secrets without authority or justifiable reasons
4. damage, great or small, be caused to public interest

b. delivering wrongfully papers or copies of papers of which he may have legal and which should not be
published
1. offender a puboff
2. he has charge of papers
3. those papers should not be published
4. he delivers those papers or copies to 3rd pax
5. delivery is wrongful
6. damage caused to public interest

B. puboff revealing secrets of private indi

1. offender a puboff
2. he knows of the secrets of private individual by reason of his office
3. he reveals such secrets without authority or justifiable reasons

anticipation of duties by puboff

1. offender entitled to hold a public office or employment by election or appt
2. law requires that he be first sworn in and/or should first give a bond
3. he assumes performance of duties and powers
4. he has not taken his oath and/or given the bond required

abandonment
1. offender is a puboff
2. he formally resigns from a position
3. his resignation has not been accepted
4. he abandons his office to the detriment of public service

usurpation of legislative powers

1. offender is a judicial or executive officer
2. he makes general rules or regulation beyond the scope of his authority or attempts to repeal a law or
suspends the execution thereof

usurpation of executive functions

1. offender is a judge
2. he assumes a power pertaining to the executive authority or obstructs the executive authority in the lawful
exercise of their functions

usurpation of judicial functions

1. offender is an officer of the executive branch
2. he assumes judicial powers or obstructs the execution of any order or decision rendered by any judge
within his function

disobeying request for disqualification

1. offender a puboff
2. proceeding is pending before such puboff
3. question involved is before the proper authority which is not yet decided
4. he has been lawfully required to refrain from continuing the proceeding
5. he continues the proceeding

OPEN DISOBEDIENCE (A231)

* AMayor med to PC min, temp special disqua and fine not exceeding P1k
 | 33
1. offender is a judicial or executive officer
2. there is a judgment, decision or order was made within the scope of the jurisdiction of the superior authorities
and issued with all the legal formalities
3. offender without any legal justification openly refuses to execute the said

DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER (A232) * PC min and max and perp special
disqualification

1. offender is a puboff
2. order is issued to is superior for execution
3. he has for any reason suspended the execution of such order
4. his superior disapproves the suspension
5. offender disobeys his superior despite the disapproval
REFUSAL OF ASSISTANCE (A233)
* AMayor med to PC min, perp special disqualification and fine not exceeding P1k
- with special civil action

1. offender is a puboff
2. competent authority demands from the offender that he lend his cooperation towards the administration of
justice or other public office
3. offender fails to do so maliciously

REFUSAL TO DISCHARGE ELECTIVE DUTIES (A234)

* AMayor or fine not exceeding P1k
- once individual is elected, discharge of duty becomes a matter of duty

1. offender is elected by popular election to a public office

2. he refuses to be sworn in or to discharge the duties of said office
3. there is no legal motive for such refusal to be sworn in or to discharge the duties of said office

MALTREATMENT OF PRISONERS (A235)

* AMayor med to PC min plus liability for physical injuries or damages
If to extort confession or obtain information, PC min, temp special disqualification and fine not exceeding P500
plus liability

1. offender is a public or employee

2. has under his charge a prisoner or detention prisoner
3. he maltreats such prisoner in either the ff manner:
a. overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either
by
- imposition of punishment not authorized by regulations
- inflicting such punishment in a cruel and humiliating manner
b. maltreating such prisoner to extort a confession or to obtain some info from the prisoner

ABUSES AGAINST CHASTITY (A245)

* PM med and max, and temp special disqualification

1. offender is a puboff
2. he solicits of makes immoral or indecent advances to a woman
3. such woman must be –
- interested in matters pending before the offender for decision, or with respect to which he is required
to submit a report to or consult with a superior officer; or,
- under the custody of the offender who is a warden or other public officer directly charged with the care
and custody of prisoners or pax under arrest; or,
- the wife, the daughter or relative within the same degree by affinity of the pax in the custody of the
offender

solicit – to propose earnestly and persistently something unchaste and immoral to a woman

Σ Against Persons Σ

PARRICIDE (A246)
* reclusion perpetua to death
- relatives by blood in the direct line
- the law does not require knowledge of relationship

1. a pax is killed
2. deceased is killed by the accused
 | 34
3. the deceased is
or other ascendant or other descendant, or the legitimate spouse of the accused

DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES (A247)

* destierro
- not really intended as a penalty but to remove the killer spouse from the vicinity and to protect him from acts of
reprisal principally by the relatives of the dead spouse

1. a legally married pax or a parent surprises his spouse or his daughter, the latter under 18yo and living with
him, in the act of committing sexual intercourse with another pax
2. he or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or
immediately thereafter
3. he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented
to the infidelity of the other spouse

MURDER (A248)
* reclusion perpetua to death
- unlawful killing of any pax which is not parricide, provided that any of the qualifying circ are present:

a.with treachery, taking advantage of superior strength, with the aid of armed men, or employing means to
weaken the defense, or of means of pax to insure or afford impunity
b.in consideration of a price, reward or promise
c. by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment of assault upon
a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great
waste and ruin (intent to kill must be present)
d. on occasion of any of the calamities in the preceding paragraph, or of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other public calamity
e. with evident premeditation
f. with cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at
his pax or corpse

rules for appli of circ which qualify crime to murder

1. murder will exist with only one of the circ described in A248
2. when one other circ are absorbed or included in one qualifying circ, they cannot be considered as generic
aggravating circ
3. any of the qualifying circ enumerated in A248 must be alleged in the info

accidental homicide – death of a pax brought about by a lawful act performed with proper care and skill
and without homicidal intent

corpus delicti – actual commission of crime charged

fact of death
identity of the victim

HOMICIDE (A249)
* reclusion temporal
- unlawful killing of any pax, which is neither parricide nor murder nor infanticide

1. a pax was killed

2. the accused killed him without any justifying circ
3. accused had intention to kill, which is presumed
4. the killing was not attended by any of the qualifying circ of murder, or by that of parricide or infanticide

DEATH IN TUMULTUOUS AFFRAY (A251)

* PM if offender can be identified; PC med and max on all pax involved

1. there be several pax (at least 4)

2. they did not compose groups organized for the common purpose of assaulting and attacking each other
reciprocally
3. these several pax quarreled and assaulted one another in a confused and tumultuous manner
4. someone was killed in the course of the affray
5. it cannot be ascertained who actually killed the deceased
6. the person or persons who inflicted serious physical injuries or physical injuries or who used violence can be
identified

PHYSICAL INJURIES IN TUMULTUOUS AFFRAY (A252)

* penalty next lower in degree than that for the injury so inflicted
If less serious, arresto for 5-15 days

1. there is a tumultuous affray as referred to in the preceding article

 | 35
2. a p a r t i c i p a n t o r
nature only
3. pax responsible cannot be identified
4. all those who appear to have used violence upon the pax of the party are known

GIVING ASSISTANCE TO SUICIDE (A253)

* PM if gave assistance, else, RT; AMayor med and max if not consummated

euthanasia – practice of painlessly putting to death a pax suffering from some incurable disease

DISCHARGE OF FIREARMS (A254)

* PC min and med

1. offender discharges a firearm against or at another pax

2. offender has no jurisdiction to kill that pax

INFANTICIDE (A255)
* penalty for parricide or murder, whichever is appli
- killing of nay child less than 3days of age, whether the killer is the parent or the grandparent, any other relative
of the child, or a stranger

1. a child was killed

2. the deceased child was less than 3days of age
3. accused killed said child

INTENTIONAL ABORTION (A256)

* RT, if with violence; PM if without consent; PC med and max if with consent
- willful killing of the foetus in the uterus, or the violent expulsion of the foetus from the maternal womb which
results in the death of the foetus

1. there is a pregnant woman

2. violence is intentionally exerted, or drugs or beverages administered , or that the accused otherwise acts
upon such pregnant woman
3. as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the foetus
dies, either in the womb or afer having been expelled therefrom
4. abortion is intended

ways committed:
a. using any violence upon pax of pregnant woman
b. acting, but without force or violence, without the consent of the woman
c. by acting (by administering drugs or beverages) with the consent of the married woman

contraceptive drug – any medicine, drug, chemical, or protection which is used exclusively for the purpose of
preventing fertilization of the female ovum

contraceptive device – any instrument, device, material or agent introduced into the female reproductive system
for the primary purpose of preventing conception

abortion – willful killing of the foetus in the uterus, OR the violent expulsion of the foetus from the maternal womb
which results in the death of the foetus

UNINTENTIONAL ABORTION (A257)

* PC min and med

1. there is a pregnant woman

2. violence is used upon such pregnant woman without intending an abortion
3. violence is intentionally exerted
4. as a result of the violence, the foetus dies, with in the womb of after having been expelled therefrom

ABORTION PRACTICED BY WOMAN HERSELF or BY HER PARENTS (A258)

* PC med and max if ‘herself’
PC min and med of done to conceal dishonor
PC med andmax if by her parents

1. there is a pregnant woman

2. abortion is intended
3. abortion is caused by—
- the woman herself
- any other pax, with her consent
 | 36

- any of her parents, with her consent for the purpose of concealing her dishonor

ABORTION BY PHYSICIAN OR WIDWIFE & DISPENSING OF ABORTIVES (A259)

* penalties in A256 imposed in maximum
If dispensed, AMayor and fine not exceeding P1k

1. there is a pregnant woman who has suffered an abortion

2. abortion is intended
3. offender, who must be a physician or midwife, causes or assists in causing the abortion
4. said physician or midwife takes advantage of his or her scientific knowledge or skill

if a pharmacist –
1. offender is a pharmacist
2. there is no proper prescription from a physician
3. offender dispenses any abortive

DUEL (A260)
* RT if a pax is killed; if inflicted with physical injuries, the proper penalty therefor
Any other case, AM
- a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of a
lawful age on each side, who make the selection of arms and fix all condition of the fight

CHALLENGING TO A DUEL (A261)

* PC min

MUTILATION (A262)
* RT to RP if what is involved is an organ essential for reproduction
Else, PM med and max
- clipping of some part of the body

1. there be castration ( mutilation of organs necessary for generation)

2. the mutilation is caused purposely and deliberately (to deprive offended party of some essential organ for
reproduction)

SERIOUS PHYSICAL INJURIES (A263)

* PM – injured becomes insane, imbecile, impotent or blind
PC med and max – injured loses the use of speech or power to hear or smell, or shall have lost an eye, a
hand, a foot, an arm or a leg
- or shall have lost the use of any such member
- or shall have become incapacitated for the work in which he was habitually engaged
PC min and med – injured becomes insane or shall have lost any other part of his body or the its use
- or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged
for a period of more than 90days
AMayor max to PC min – injured becomes ill or incapacitated to work for more than 30 days

qualified serious PI:

1. if committed against any of those enumerated in A246
2. if committed with the attendance of any of the circ mentioned in A248

LESS SERIOUS PHYSICAL INJURIES (A264)

* AMayor – physical injuries not described in the preceding article BUT incapacitates the injured for 10days or
more OR shall require medical attendance for the same period
AMayor plus fine no exceeding P500
- inflicted with manifest intent to insult or offend the injured or under circumstances adding ignominy to
the offense
PC min and med
- if injured is a pax in authority

qualified less SPI:

1. manifest insult or offend the injured or there are circ adding ignominy
2. victim is either offender’s parent, ascendant, guardian, curators or teachers or pax of rank or pax in authority,
provided crime is not direct assault

SLIGHT PHYSICAL INJURIES & MALTREATMENT (A266)

* AMenor – offended party incapacitated from labor for 1-9days or require medical attendance for the same
period
AMenor or fine not exceeding P200 & censure
- injuries does not prevent injured from engaging in his habitual work nor require medical attendance
 | 37

AMenor min or fine not exceeding P50

- offender ill-treats another by deed without causing injury
RAPE (A266)
* RP – A266(A)
- homicide by reason of or on occasion of rape
RP to death – if committed with use of deadly weapon or by 2 or more pax
- victim becomes insane
- rape is attempted and a homicide is committed
Death – victim is under 18yo and the offender is a parent, ascendant, step-parent, guardian or relative by
consanguinity or affinity within the 3rd civil degree or the common law spouse or parent
- victim is under custody of the police or military authorities or any law enforcement or penal institution
- committed in full view of the spouse, parent or any of the children or relatives within the 3 rd civil degree of
consanguinity
- victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such
by the offender before or at the time of commission
- victim is child below 7yo
- offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible disease and the virus
or disease is transmitted to the victim
- committed by any member of the AFP or para-military thereof or the PNP or any law enforcement agency
or penal institution, when offender took advantage of his position to facilitate
- victim suffered permanent physical mutilation or disability
- offender knew of the mental disability, emotional order and/or physical handicap of offended party
PM – A266(B)
PM to RT – use of deadly weapon or committed by 2 or more pax
RT – committed by any of the 10 aggravating circumstances mentioned

Ways committed:
a. (1) by a man who shall (2) have carnal knowledge of a woman under any of the ff circumstances— (3)
- through force, threat or intimidation
- when the offended party is deprived by reason or is otherwise unconscious
- by means of fraudulent machination or grave abuse of authority
- when the offended party is under 12yo or is demented, even though none of the circ mentioned above be
present

b. by any pax who, under any of the circ in part1 hereof, shall commit an act of sexual assault by inserting his
penis into another person’s mouth or anal orifice, or any inst or object, into the genital or anal orifice of
another pax
1. offender commits an act of sexual assault
2. act of sexual assault is committed by any of the ff means:
- by inserting his penis into another person’s mouth or anal orifice
- by inserting any inst or object into the genital or anal orifice of another pax

3. the acts of sexual assault is accomplished under any of the ff circ:

- through force, threat or intimidation
- when the offended party is deprived by reason or is otherwise unconscious
- by means of fraudulent machination or grave abuse of authority
- when the offended party is under 12yo or is demented, even though none of the circ mentioned above
be present

Σ Against Personal Liberty & Security Σ

kidnapping & serious illegal detention
slight illegal detention
unlawful arrest
kidnapping & failure to return a minor
inducing a minor to abandon his home
slavery
exploitation of child labor
services rendered under compulsion in payment of debt

KIDNAPPING & SERIOUS ILLEGAL DETENTION (A267) * RP to death

1. offender is a private individual

2. he kidnaps or detains another, or in any other manner deprives the latter of his liberty
3. the act of detention or kidnapping must be illegal
4. in the commission of the offense, any of the ff was present:
- kidnapping or detention lasts for more than 3days
 | 38

- it is committed simulating public authority

- any serious physical injuries are inflicted upon the pax kidnapped or detained or threats to kill him are
made
- the pax kidnapped or detained is a minor, female or puboff

death – purpose is to extort ransom

- victim is killed or dies as a consequence of the detention
- victim is raped
- victim is subjected to torture or dehumanizing acts

SLIGHT ILLEGAL DETENTION (A268)

* RT if given circ are absent & for pax who furnished place
PMayor is released voluntarily

1. offender is a private individual

2. he kidnaps or detains another, or in any other manner deprives him of liberty
3. act of kidnapping or detention is illegal
4. crime is committed without the attendance of any of the circ enumerated in A267

UNLAWFUL ARREST (A269)

* AMayor and fine not exceeding P500

1. offender arrests or detains another pax

2. the purpose of the offender is to deliver him to the proper authorities
3. the arrest or detention is not authorized by law or there is no reasonable ground therefore

KIDNAPPING & FAILURE

TO RETURN A MINOR (A270) * RP
AMayor or fine not exceeding P300 if offender is a parent

1. offender is entrusted with the custody of a minor

2. he deliberately fails to restore the said minor to his parents or guardians

INDUCING A MINOR TO ABANDON HIS HOME (A271)

* PC and fine not exceeding P700

1. a minor is living in the home of his parents or guardian or the pax entrusted with his custody
2. offender induces said minor to abandon such home
(must be actual, with criminal intent and determined by a will to cause damage)

SLAVERY (A272)
* PM and fine not exceeding P10k

1. offender purchases, sells, kidnaps or detains a human being

2. purpose of the offender is to enslave such human being

EXPLOITATION OF CHILD LABOR (A273)

* PC min and med & fine not exceeding P500

1. offender retains a minor in his service

2. it is against the will of the minor
3. it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or pax entrusted
with the custody of such minor

re UNDER COMPULSION OF PAYMENT (A274)

1. offender compels debtor to work for him as house servant or farm laborer
2. against debtor’s will
3. purpose is to require or enforce payment of debt

Σ Against Security Σ

ABANDONMENT OF PAX IN DANGER

& ABANDONMENT OF ONE’S ON VICTIM (A275)
* AMayor

How committed:
 | 39

1. fail to render assistance to any pax whom the offender finds in an uninhabited place and wounded or in
danger of dying when he can render such assistance without detriment to himself, unless such omission
shall constitute a more serious offense
2. failing to help or render assistance to another whom the offender has accidentally wounded or injured
3. failing to deliver a child, under 7yo, whom the offender has found abandoned, to the authorities or to his
family, or by failing to take him to a safe place

ABANDONING A MINOR (A276)

* AMayor and fine not exceeding P500

Qualified:
PC med and max if minor dies
- intent to kill is not presumed
PC min and med if minor placed in danger

1. offender has custody of a child

2. child is under 7yo
3. he abandons such child
4. he has no intent to kill the child when the latter is abandoned

INDIFFERENCE OF PARENTS (A277)

1. offender is a parent
2. he neglects his children by not giving them education
3. his station in life requires such education and his financial condition permits it

acts punishable:
a. delivering a minor to a public institution or other pax without the consent of the one who entrusted the
minor to the care of the offender, or in the latter’s absence, without the consent of the proper authorities
b. neglecting his (offender’s) children by not giving them the education which their station in life require and
their financial condition permits

A276 A277
Custody is specific (rearing
Custody is stated in general
& education)
Minor under 7yo Minor under 21yo
Minor abandoned in such a
Minor is delivered to a
way as to deprive him of the
public institution or other
care, support and protection
pax
hi tender years need

abandonment of minor by one charged with rearing or education

1. offender has charge with the rearing or education of the minor
2. he delivers said minor to a public institution or other pax
3. one who entrusted the child to offender has not consented to such act; or if the one who entrusted the
child to the offender is absent, the proper autho had not consented to it

EXPLOITATION OF MINORS (A278)

* PC min and med, and fine not exceeding P500

Acts punishable:
1. any pax who shall cause any boy or girl under 16yo to perform any dangerous feat of balancing, physical
strength or contortion
2. any pax who, being an acrobat, gymnast, rope-walker, diver, wild animal tamer or circus manager, or
engaged in a similar calling, shall employ in exhibitions of these kinds, children under 16yo who are not
his children or ascendants
3. any pax engaged in any of the callings enumerated in the next preceding paragraph who shall employ
any descendant of his under 12 in such dangerous exhibitions
4. any ascendant, guardian, teacher, or pax entrusted in any capacity with the care of such child under
16yo, who shall deliver such child gratuitously to any pax following any of the callings enumerated in par 2
hereof, or to any habitual vagrant or beggar
- if made in consideration of any price, compensation or promise, penalty shall be imposed in its max
5. any pax who shall induce any child under 16yo to abandon the home of its ascendants, guardians,
curators, or teachers to follow any pax engaged in any of the callings mentioned in par 2 hereof, or
accompany any vagrant or beggar

QUALIFIED TRESPASS TO DWELLING (A280)

* AMayor and fine not exceeding P1k
If committed by means of violence, PC med and max and fine not exceeding P1k
 | 40
1. offender is a private pax
2. he enters the dwelling of another
3. such entrance is against the latter’s will

trespass by means of violence

1. pushing door violently and maltreating occupants
2. cutting off a ribbon with which a door latch of a closed room was fastened

OTHER FORMS OF TRESPASS (A281)

* AMenor or fine not exceeding P200, or both

1. offender enters into the closed premises of fenced estate of another

2. the entrance is made while either of them is uninhabited
3. the prohibition to enter be manifest
4. the trespasser has not secured the permission of the owner or the caretaker thereof

Other forms of trespass Trespass to dwelling

Offender is any pax
Offender enters a closed
premises or fenced estate
Place entered into is
uninhabited
committed by entering the
closed premises or fenced
estate without securing the
permission of owner or
caretaker thereof
Prohibition must be manifest
Offender a private pax
Offender enters a dwelling
house
Place entered is inhabited
Committed by entering the
dwelling against the will of
the owner
Prohibition to enter may be
express or implied

dwelling place – any building or structure exclusively devoted for rest and comfort, as distinguished from
business or office

GRAVE THREATS (A282)

Acts punishable:
a. by threatening another with the infliction upon his person, honor or property or that of his family of any
wrong amounting to a crime and demanding money or imposing any other condition, even though not
unlawful, and the offender attained his purpose
b. By making such threat without the offender attaining his purpose
c. By threatening another with the infliction upon his person, honor or property, or that of his family of any
wrong amounting to a crime, the threat not being subject to a condition
- penalty is next lower in degree prescribed for the crime threatened
- if purpose is not attained
- if made through a middleman or in writing, max period (qualified)
- AMayor and fine not exceeding P500 if threat is not subject to condition

Grave threats where offender attained his purpose

1. Offender threatens another pax with infliction upon his pax, honor or property, or family of any wrong
2. Such wrong amounts to a crime
3. There is demand for money or any other condition is imposed, even if not unlawful
4. Offender attains his purpose

GRAVE THREATS NOT SUBJECT TO CONDITION

1. Offender threatens another pax with infliction upon the latter’s person, honor or property, or upon that of
the latter’s family, of any wrong
2. Such wrong amounts to a crime
3. The threat is not subject to a condition

LIGHT THREATS (A283)

* AMayor

1. Offender makes a threat to commit a wrong

2. Wrong does not constitute a crime
3. There is a demand for money or that other other condition is imposed, even though not unlawful
4. Offender has attained his purpose, or that he has not attained his purpose

OTHER LIGHT THREATS (A285)

* AMenor and fine not exceeding P200
 | 41

Acts punishable:
1. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless be it a lawful self-
defense
2. By orally threatening another, in the heat of anger, with some harm (not) constituting a crime, without
persisting in the idea involved in his threat
3. By orally threatening to do another harm not constituting a felony

GRAVE COERCION (A286)

* PC and fine not exceeding P6k
Penalty next higher in degree if
- In violation of the right of suffrage
- To compel another to perform any religious act
- Or to prevent him from both

1. Pax prevented another from doing something not prohibited by law, or that he compelled him to do something
against his will, be it right or wrong
2. The prevention or compulsion be effected by violence, threats or intimidation
3. The pax that restrained the will and liberty of another had not the authority of law or the right to do so, OR in
other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right

Ways committed:
a. By preventing another, by means of violence, threats or intimidation, from doing something not
prohibited by law
b. By compelling another, by means of violence, threat or intimidation, to do something against his will,
whether it be right or wrong

Illegal detention – actual confinement or restraint of pax

Coercion – no clear deprivation of liberty
Maltreatment – offended party a prisoner
Grave coercion – offended party not a prisoner

LIGHT COERCION (A287)

* AMayor min and fine equivalent to value of the thing but not less than P75
AMenor of fine ranging from P5-200, or both for any other coercion or unjust vexation

1. Offender must be a creditor

2. He seizes anything belonging to the debtor
3. Seizure of the thing be accomplished by means of violence or a display of material force producing
intimidation
4. The purpose of the offender is to apply the same to the payment of the debt

OTHER SIMILAR COERCIONS (A288)

1. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the
laborer or the employee of the offender to purchase merchandise or commodities of any kind from him
a. Offender is any pax, agent or officer of any assn or corp
b. He or such firm or corp has employed laborers or employees
c. He forces or compels, directly or indirectly, or knowingly permits to be enforced or compelled, any of
the laborers or employees to purchase merchandise or commodities of any kind from him or said firm
or corp

2. By paying wages due his laborer or employee by means of tokens or objects other than the legal tender
currency of the Phil, unless expressly requested by such laborer or employee
a. Offender pays the wages due a laborer or employee employed by him by means of tokens/ objects
b. Those tokens or objects are other than the legal tender of the Phil
c. Such employee or laborer does not expressly agree that he be paid by means of tokens/ objects

DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE (A290)

* PC min and med and fine not exceeding P500
AMayor and fine not exceeding P500 if offender does not reveal secrets

1. Offender is a private individual or even a public officer not in the exercise of his official function
2. He seizes the papers or letters of another
3. The purpose is to discover the secrets of such other pax
4. Offended is informed of the contents of the papers or letters seized

REVEALING SECRETS WITH ABUSE OF OFFICE (A291)

* AMayor or fine not exceeding P500

1. Offender is a manager, employee or servant

 | 42
2. He learns the secrets of his principal or master in such capacity
3. He reveals such secrets

REVELATION OF INDUSTRIAL SECRETS (A292)

* PC min and med and fine not exceeding P500

1. Offender is a pax in charge, employee or workman of a manufacturing or industrial establishment

2. The manufacturing or industrial establishment has a secret on the industry which the offender has learned
3. Offender reveals such secrets
4. Prejudice is caused to the owner

Σ Against Property Σ
robbery with violence or intimidation against pax
attempted or frustrated robbery under certain circumstances
execution of deeds by means of violence or intimidation
robbery in an inhabited house or public dwelling/ building
or edifice devoted to worship
robbery in an uninhabited place or in a private building
possession of picklocks or similar tools
brigandage
aiding & abetting a band of brigands
theft
qualified theft
theft of the property of Nat’l Library or Nat’l Museum
occupation of real property or usurpation of real right
in property
altering boundaries or landmarks
fraudulent insolvency
swindling
other forms of swindling
swindling a minor
other deceits
removal, sale or pledge of mortgaged property
destructive arson
other forms of arson
arson of property of small value
crimes involving destruction
burning one’s own property as means for arson
setting fire to property exclusively owned by offender
malicious mischief
special cases of malicious mischief
damage or obstruction to means of communication
destroying or damaging statues, public monuments
or paintings

ROBBERY IN GENERAL (A293)

- taking of personal property belonging to another, without intent to gain, by means of violence against, or
intimidation of any pax, or using force upon anything
1. There be a personal property
2. Such belonged to another
3. There is unlawful taking of that property
4. Taking was with intent to gain
5. There is violence against or intimidation of any pax, or force upon anything

ROBBERY WITH VIOLENCE AGAINST

OR INTIMIDATION OF PAX (A294)

Acts punishable:
1. When by reason or on occasion of the robbery, homicide is committed
2. When robbery is accompanied by rape or intentional mutilation or arson
3. By reason or on occasion of robbery, any of the physical injuries resulting in insanity, imbecility,
impotency or blindness is inflicted
4. By reason or on occasion of robbery, any of the physical injuries resulting in loss of speech, or the power
to hear or to smell, or the loss of an eye, a hand, a foot, an arm, or a leg or the loss of the use of any such
member of incapacity for the work in which the injured pax is habitually engaged
5. If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly
unnecessary for the commission of the crime
 | 43

6. In the course of its execution, offender inflicted upon any pax not responsible for the crime any of the
physical injuries in consequence of which pax becomes deformed or losses any other member of his body
OR becomes incapacitated for work for more than 90 days or for labor for more than 30 days
7. Violence employed does not cause any of the SPI under 263 or if offender employs intimidation only

RP to death – homicide is committed, or when accompanied with rape, intentional mutilation or arson
RT med to RP – any of the physical injuries penalized in sub1 of A263 shall have been inflicted
PM max to RT med – if the violence or intimidation employed shall have been carried to a degree clearly
unnecessary for commission of the crime
PC max to PM med – other cases

robbery with violence grave coercion

Intent to gain present No intent to gain
Violence employed by offender

QUALIFIED ROBBERY WITH VIOLENCE AGAINST

OR INTIMIDATION OR PAX (A295)
* max period of the proper penalities

How committed:
If any of the offenses defined in sub 3,4 & 5 of A295 is committed—
1. In an uninhabited place
2. By a band, or
3. By attacking a moving train, street car, motor vehicle, or airship, or
4. By entering the passengers’ compartments in a train, or in any manner taking the passengers thereof by
surprise in their conveyances, or
5. On a street, road, highway, or alley, and the intimidation is made with the use of firearms (the offender
shall be punished with the max periods of the proper penalties prescribed in A294)

re BAND (A296)
- when more than 3 armed malefactors take part in the commission of a robbery
- all members pubished as principal unless it is shown that an accused attempted to prevent the same

1. he was a member of the band

2. he was present at the commission of a robbery by that band
3. the other members of the band committed the assault
4. he did not attempt to prevent the assault

EXECUTION OF DEEDS BY MEANS OF VIOLENCE

OR INTIMIDATION (A298)
* guilty of robbery

1. offender has intent to defraud another

2. offender compels him to sign. Execute or deliver any public inst or doc
3. the compulsion is by means of violence or intimidation

Threats to extort money Robbery through intimidation

Intimidation is conditional or
future
Intimidation is personal
Directed to pax or to his
family
Gain is immediate
Intimidation is actual and
immediate
There is an intermediary
Directed to pax
Gain not immediate

ROBBERY IN AN INHABITED HOUSE OR PUBLIC BLDG OR EDIFICE DEVOTED TO WORSHIP (A299)

* RT if value exceeds P250 and if—

A1. offender entered an inhabited house or public bldg or edifice devoted to religious worship
A2. entrance was effected by any of the ff means:
- through an opening not intended for entrance or egress
- by breaking any wall, roof or floor, or by breaking any door or window
- by using false keys, picklocks or similar tools
- by using any fictitious names or pretending the exercise of public authority
A3. that once inside the bldg, the offender took personal property belonging to another with intent to gain

B1. the offender is inside a dwelling house, public bldg or edifice devoted to religious worship, regardless of the
circ under whoch he entered it
 | 44
B2.
offender takes personal property belonging to another, with intent to gain, under any of the ff:
- by breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle
- by taking such furniture or objects away to be broken or forced open outside the place of robbery

RT – armed pax and amount exceeds P250

PM – unarmed pax but amount exceeds P250
PM – armed pax but amount does not exceed P250
PM min – unarmed pax and amount does not exceed P250
Next lower – if committed in a dependency of an inhabited house, public bldg or edifice devoted to religious
worship

inhabited place – any shelter, ship or vessel constituting the dwelling of one or more pax though the
inhabitants are temporarily absent

Dependencies – all interior courts, warehouses, granaries or enclosed places, contiguous to the bldg or
edifice, having an interior entrance connected therewith, and which form part of the whole
1. must be contiguous to the building
2. must have an interior entrance connected therewith
3. must form part of the house

ROBBERY IN AN UNINHABITED PLACE OR

PRIVATE BUILDING (A302)
* PC med and max if value exceeds P250 and if—

1. offender entered an uninhabited place or bldg which was not a dwelling house, not a public bldg or not an
edifice devoted to religious worship
2. any of the ff was present:
- entrance was effected through an opening not intended for entrance or egree
- a wall, floor, roof or outside door or window was broken
- entrance was effected through the use of false keys, picklocks or other similar tools
- a door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken
- a closed or sealed receptacle was removed, even if the same be broken open elsewhere

3. with intent to gain, the offender took therefrom personal property belonging to another

ILLEGAL POSSESSION OF PICKLOCKS / SIMILAR

TOOLS (A304)
1. offender has in his possession picklocks or similar tools
2. such are specially adopted to the commission of the robbery
3. offender does not have lawful cause for such possession

FALSE KEYS (A305)

1. tools mentioned in A304
2. genuine keys stolen from another
3. any key other than those intended by the owner for use in the lock forcibly opened by the offender

BRIGANDAGE (A306)
- crime committed by more than 3 armed pax who form a band of robbers for the purpose of committing robbery in
the highway or kidnapping pax for the purpose of extortion or to obtain ransom, or for any other purpose to be
attained by means of force or violence

PM med to RT min – if the act/s are not punishable by higher penalties

Penalty in max – if any of the arms used are unlicensed

1. there are at least 4 armed pax

2. they formed a band of robbers
3. for the purpose of—
- committing robbery in the highway
- kidnapping pax for the purpose of extortion or to obtain ransom
- attaining by means of force and violence any other purpose

Philippine highway – any road, street, passage, highway and bridge, or other parts thereof, or railway or railroad
within the Phil used by pax or vehicles, or locomotives or trains for the movement or circulation of pax or
transpo of goods, articles or prop, or both

Things to prove in brigandage:

1. there is an org of more than 3 armed pax forming a band of robbers
2. purpose is any of those given in A306
3. they went upon the highway or roamed upon the country for that purpose
 | 45

4. accused is a member of the band

AIDING OR ABETTING A BAND OF BRIGANDS (A307)

* PC med to PM min

1. there is a band of brigands

2. offender knows the band to be brigands
3. offender does any of the ff:
- he in any manner aids, abets or protects such bands or brigands
- he gives them info of the movements of the police or other peace officers of the Govt
- he acquires or receives the property taken by such brigands

THEFT (A308)
- committed by any pax who, with intent to gain but without violence against or intimidation of pax nor force upon
things, shall take personal property of another without the latter’s consent

1. there be taking of personal property

2. said property belongs to another
3. the taking be done with intent to gain
4. the taking be done without consent of the owner
5. the taking be accomplished without the use of violation against or intimidation of pax or force upon things

when is taking complete?

- offender is able to place the thing taken under his control and in such a situation as he could dispose of it at
once

Control – consummation of theft takes upon the voluntary and malicious taking of the property which is realized
upon the material occupation of the taking, that is, when he had full possession thereof even if he did not
have opportunity to dispose of the same

How committed:
1. those who, with intent to gain but without violence against or intimidation of pax nor force upon things,
shall take personal property of another without the latter’s consent
2. those who, having found lost property, fail to deliver the same to the local authorities or to its owner
3. those who, after having maliciously damaged the property of another, remove or make use of the fruits
or object of the damage caused by them
4. those who enter an enclosed estate or a field where trespass is forbidden or which belongs to another
and, without the consent of the owner, hunt or fish upon the same or gather fruits, cereals or other
forest or farm products

PM min and med – value is more than P12k but does not exceed P22k
PM max – if value exceeds P22k and one year for each additional P10k, but the total shall not exceed 20yrs
(PM or RT)
PC med and max – P6k but amount does not exceed P12k
PC min and med – more than P200 but does not exceed P6k
AMayor med to PC min – over P50 but amount does not exceed P200
AMayor in full extent – over P5 but amount does not exceed P50
AMenor or fine not exceeding P50 – if under par(3) and value does not exceed P5, else preceding
provisions apply
AMenor min or fine not exceeding P50 – velue does not exceed P5 and the offender shall have acted
under impulse or anger, poverty or the difficulty of earning a livelihood for the support of himself or his
family

QUALIFIED THEFT (A310)

* penalty next higher by 2 degree

1. theft is consummated by a domestic servant

2. theft is committed with grave abuse of discretion
3. if the property stolen is a motor vehicle, mailmatter or large catter
4. if the property stolen consists of coconut taken from the premises of a plantation
5. if the property stolen is fish taken from a fishpond or fishery
6. if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance

USURPATION (A312)

Acts punishable:
a. taking possession of any real property belonging to another by means of violence or intimidation of pax
b. usurping any real right in property belonging to another by means of violation or intimidation of pax
 | 46

1. offender takes possession of any ral property or usurps any real rights or property
2. real property or real rights belong to another
3. violence against or intimidation or pax is usd by the offender in occupying real property or usurping real
4. intent to gain

ALTERING BOUNDARIES OR LANDMARK (A313)

* AMenor or a fine not exceeding P100, or both

1. there be boundary marks or monuments of towns, provinces or estates, or any other marks intended to
designate the boundaries of the same
2. offender alters said boundary marks (actual prejudice is required)

FRAUDULENT INSOLVENCY (A314)

* PM if offender is a merchant; PC max to PM med if not

1. offender is a debtor; that is, he has obligations due and payable

2. he absconds with his property
3. there is prejudice to his creditors

ESTAFA in general
1. accused defrauded another by abuse of confidence or means of deceit
2. damage or prejudice capable of pecuniary estimation is caused to the offended party or third pax

PC max to PM min – amount more than P12k but less than P22k plus 1yr for every additional P10k
PC min and med – more than P6k to P12k
AMayor to PC min – more than P20 to P6k
AMayor med and max – less than P200 provided ff cases are present –

1. unfaithfulness or abuse of confidence

a. offender has an onerous obligation to deliver something of value and he alters its substance, quality or
quantity to the damage or prejudice of another (E with unfaithfulness or abuse of confidence)
b. money, goods or other personal property be received by the offender in trust, or on commission, or for
admin, or in any other obli involving the duty to make delivery of or return the same
- OR there be misappropriation or conversion of such money or property by the offender or denial of
his part of such receipt
- Such misappropriation or conversion or denial is to the prejudice of another
- Demand is made by offended party
c. By taking undue advantage of the signature of the offended party in blank and by writing any doc above
such signature in blank, to the prejudice of the offended or 3 rd pax (E by taking undue advantage of
signature in blank)

2. any of the ff false pretenses or fraudulent acts executed prior or simultaneously

a. by use of fictitious name or falsely pretending to possess power, influence, quail, prop, credit, agency,
business of imaginary transaction, or by similar deceits
b. by altering the quality, fineness or weight of anything pertaining to his art or business
c. by pretending to have bribed any Govt employee without prejudice to the action for calumny, which the
offended party may deem proper to bring against the offender
d. by postdating a check or issuing a check in payment of an obligation when the offender had no funds in
the bank, or his funds deposited therein were not sufficient to cover the amount of the check and he knew
of such
e. by obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging
house or apartment house and the like without paying therefore, with intent to defraud…

3. through any of the ff means:

a. by inducing another, by means of deceit, to sign any doc
b. by resorting to some fraudulent practice to insure success in gambling game
c. by removing, concealing or destroying, in whole or in part, any court record, office files, doc or any other
papers

E with abuse of confidence Theft

Received in trust, admin or
commission
Offender receives thing from
offended
Juridical possession
Acquired only physical or
material possession
Offender takes the thing
from offended
none

Violations of BP22:
A1. a pax makes or draws or issues any check
 | 47
A2.
the check is made or drawn and issued to apply on account of for value
A3. the pax who makes or draws and issues the check knows at the time of issue that he does not have sufficient
funds in or credit with the drawee bank for the payment of such check in full upon its presentment
A4. the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have
been dishonored for the same reason had not the drawer, for any valid reason, ordered the bank to stop
payment

B1. a pax has sufficient funds in or credit with the drawee bank when he makes or draws and issues the check
B2. he fails to keep sufficient funds in or credit to cover the full amount of the check if presented within a period of
90days from the date appearing thereon
B3. the check is dishonored by the drawee bank

Forms of swindling (A316)

A) 1. the thing be immovable, such as a parcel of land or a bldg
2. offender who is not the owner of said property should represent that he is the owner thereof
3. offender should have executed an act of ownership
4. act be made to the prejudice of the owner or a third

B) 1. the thing disposed of be real property

2. offender knew that the real prop was encumbered, whether the encumbrance is recorded or not
3. there must be express representation by the offender that the real property is free from encumbrance
4. the act is disposing of the real prop be made to the damage of another

C) 1. offender is the owner of personal property

2. said personal property is in the lawful possession of another
3. the offender wrongfully takes it from its lawful possessor
4. prejudice is caused to the possessor or third pax

D) by executing ant fictitious contract to the prejudice of another

E) by accepting any compensation for services not rendered or for labor not performed

F) 1. the offender is a surety in a bond given in a criminal or civil action

3. he guaranteed the fulfillment of such obli with his real prop
4. such sale, mortgage or encumbrance is without express authority from the court, or made before the
cancellation of his bond, or before being relieved from the obli contracted by him

SWINDLING A MINOR (A317)

* AMayor and fine of 10-50% of the value of the obli contracted by the minor

1. offender takes advantage of the inexperience or emotions or feelings of a minor

2. he induces such minor to assume an obli, or to give release, or to execute a transfer of any property right
3. the consideration is some loan of money, credit or other personal property
4. the transaction is to the detriment of such minor

KNOWINGLY REMOVING MORTGAGTED PERSONAL PROPERTY (A319)

* AMayor and fine twice the value of the property

1. personal property is mortgaged under the Chattel Mortgage Law

2. offender knows that such property is so mortgaged
3. he removes such mortgaged personal property to any province or city other than the one in which it was
located at the time of the execution of the mortgage
4. the removal is permanent
5. there is no written consent of the mortgagee or his executors, administrators or assigns to such removal

arson and other crimes involving destruction

ARSON – pax burns or sets fire to the property of another
- malicious destruction of real prop by fire

PM – penalty prescribed when pax sets fire to his own property under circ which expose to danger the life or
property of another
RT max to RP – if the property burned is any of the ff:

a.any ammunition factory and other establishment where explosives, inflammable or combustible materials
are stored
b.any archive, museum, whether, public or private, or any edifice devoted to culture, education or social
services
c. any church or place or worship or other bldg where people usually assemble
d.any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of pax or property
e.any bldg where evidence is kept for use in any legislative, judicial, administrative or official proceeding
 | 48

f. any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private
market, theater or movie house or any similar place or bldg
g.any bldg, whether used as a dwelling or not, situated in a populated or congested area

RT to RP – if the property burned is any of the ff:

a.any bldg used as offices of the govt or anby of its agencies

b.any inhabited house or dwelling
c. any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel
d.any plantation, farm, pasture land, growing crop, grain field, orchard, bamboo grove or forest
e.any rice mill, sugar mill, or mill central
f. any railway or bus station, airport, wharf or warehouse

special aggravating circ

a. if committed with intent to gain
b. if committed for the benefit of another
c. if the offender is motivated by spite or hatred towards the owner or occupant of the property burned
d. if committed by a syndicate

RP to death – if death results on the occasion

MALICIOUS MISCHIEF (A327)

- willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive

1. offender deliberately caused damage to the property of another

2. such act does not constitute arson or other crimes involving destruction
3. the act of damaging another’s property be committed merely for the sake of damaging it

SPECIAL CASES OF MALICIOUS MISCHIEF (A328)

a. causing damage to obstruct the performance of public functions
b. using any poisonous or corrosive substance
c. spreading any infection or contagion among cattle
d. causing damage to the property of the Natinal Museum or National Library, or to any archive or registry,
waterworks, road, promenade, or any other thing used in common by the public

exemption from criminal liability (A332)

a. spouses, ascendants and descendants or relatives by affinity in the same line
b. widowed spouse with respect to the property which belonged to the deceased spouse before the same
shall have passed into the possession of another
c. brothers and sisters and brothers in laws and sisters in law, if living together

Σ Against Chastity Σ
adultery
concubinage
serious injuries under scandalous circumstances
rape
acts of lasciviousness
seduction
acts of lasciviousness with consent of offended party
corruption of minor
white slave trade
abduction (forcible & consented)

Abuses against chastity Crimes against chastity

In most cases, offender is a
Committed by puboff
private indi
Necessary that some actual
Mere immoral or indecent
act of lasciviousness should
proposal made earnestly and
have been executed by the
persistently is sufficient
offender

ADULTERY (A333)
* PC med and max
If guilty spouse had been previously abandoned, penalty next lower in degree
- committed by any married woman who shall have sexual intercourse with a mannot her husband and by the man
who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void

1. the woman is married

 | 49
2. she has sexual intercourse with a man not her husband
3. as regards the man with whom she has sexual intercourse, he must know her to be married

CONCUBINAGE (A334)
* PC min and med; destierro for concubine

1. the man must be married

2. he committed any of the ff:
- keeping a mistress in the conjugal dwelling
- having sexual intercourse under scandalous circumstances with a woman who is not his wife
 he and his mistres live in the same room
 they appear together in public
 they perform acts in sight of the community which give rise to criticism and general protest among the
neighbors
- cohabiting with her in any other place

3. the woman must know him to be married

adultery more severely punished than concubinage

- it makes possible the introduction of another man’s blood into the family so that the offended husband
may have another man’s son bearing his name and receiving support from him

acquittal of one is not acquittal of the other

1. there may not be a joint criminal intent
2. one of the parties may be insane and the other sane
3. man may not know the woman to be married, in which case, man is not guilty
4. death of a woman during pendency of the action cannot defeat trial and conviction of the man
5. even if the man fled the country and could not be apprehended, the woman can be tried and convicted

cohabit - to dwell together, in the manner of husband and wife, for the same period of time, as distinguished from
occasional, transient interviews for unlawful intercourse

RAPE – Anti Rape Law of 1997

ACTS OF LASCIVIOUSNESS (A336)

* PC

1. offender commits any act of lasciviousness or lewdness

2. it is done under any of the ff--
a. by using force or intimidation
b. when the offended party is deprived of reason or otherwise unconscious
c. when the offended party is another pax of either sex

QUALIFIED SEDUCTION (A337)

* PC min and med

1. offended party is a virgin, which is presumed if she is unmarried and of good reputation
2. she must be over 12yo and under 18yo
3. offender has sexual intercourse with her
4. there is abuse of authority, confidence or relationship on the part of the offender

seduction – enticing a woman to unlawful sexual intercourse by promise of marriage or other means of
persuasion without use of force

virgin – not to be understood in so material a sense as to exclude the idea of a virtuous woman of a good
reputation; offended party need not be physically a virgin

who can be offenders:

1. those who abuse their authority
- person in public authority
- guardian
- teacher
- pax who, in any capacity, is entrusted with the education or custody of the woman seduced

2. those who abuse the confidence reposed in them

- priest
- house servant
- domestic

3. those who abused their relationship

 | 50

- brother who seduced his sister

- ascendant who seduced his descendant

domestic – pax usually living under the same roof, pertaining to the same house and constituting in this sense a
part thereof, distinguishing it from a term servant

classes of qualified seduction

a. seduction of a virgin over 12yo and under 18yo by certain pax, such as pax in authority, priest, treacher,
etc
b. seduction of a sister by her brother or descendant by her ascendant, regardless of age

SIMPLE SEDUCTION (A338)

* AMayor

1. offended party is over 12yo and under 18yo

2. she must be of good reputation, single or widow
3. the offender has sexual intercourse with her
4. it is committed by means of deceit

ACTS OF LASCIVIOUSNESS WITH CONSENT

OF THE OFFENDED PARTY (A339)
* AMayor
- only a woman can be offended party

1. offender commits acts of lasciviousness or lewdness

2. acts are committed upon a woman who is a virgin or single or widow or good reputation, under 18yo but over
12yo, or a sister or descendant regardless of her reputation or age
3. the offender accomplishes the acts by abuse of authority, confidence, relationship or deceit

CORRUPTION OF MINOR (A340)

* PMayor
PMayor and temp special disqualification if offender a puboff
- pax who promotes or facilitates prostitution or corruption of underaged pax to satisfy the lust of another
- consummated by mere proposal

acts penalized as white slave trade

1. engaging in prostitution business
2. profiting by prostitution
3. enlisting the services of women for purposes of prostitution

crimes against chastity where age & reputation is immaterial

1. rape
2. acts of lasciviousness against will or without consent
3. qualified seduction of sister or descendant
4. forcible abduction

FORCIBLE ABDUCTION (A342)

* RT

1. the pax abducted is any woman, regardless of her age, civil status, or reputation
2. the abduction is against her will
3. the abduction is with lewd design

lewd design – with unchaste design manifested by kissing and touching the victim’s private parts
- where not proved or shown, and the victim was deprived of her liberty, crime is Serious Illegal Detention
under A267

CONSENTED ADBUCTION (A343)

* PC min and med
1. offended party must be a virgin
2. she must be over 12yo or 18yo
3. the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender
4. the taking away of the offended party must be with lewd designs

Σ Against the Civil Status of Persons Σ

 | 51

SIMULATION OF BIRTH
- when the woman pretends to be pregnant when in fact she is not, and on the day of the supposed delivery,
takes the child of another as her own

SUBSTITUTION OF ONE CHILOD FOR ANOTHER

- may be effected by placing a live child of a woman in place of a dead one of another woman

CONCEALMENT OR ABANDONED OF A LEGIT CHILD (A347) * PM and fine not exceeding P1k

1. the child must be legitimate

2. offender conceals or abandons such child
3. offender has the intent to cause such child to lose its civil status

USURPATION OF CIVIL STATUS (A348)

* PM
- any pax who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended
party or his heirs (otherwise, PC med and max)

BIGAMY (A349)
* PM

1. offender has been legally married

2. the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could
not yet be presumed dead according to the Civil Code
3. he contracts a second or subsequent marriage
4. the second or subsequent marriage has all the essential requisites for validity

MARRIAGE CONTRACTED AGAINST PROVI OF LAW

(A350)
a. non compliance with the essential requisites
b. legal impediment is disregarded

PREMATURE MARRIAGES (A351)

* AMayor

a. a widow who married within 301days from the date of the death of her husband, or before having delivered if
she is pregnant at the time of his death
b. a woman who, her marriage having been annulled or dissolved, married before her delivery or before the
expiration of the period of 301days after the declaration of legal separation

PERFORMANCE OF ILLEGAL MARRIAGE (A352)

- priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize
any illegal marriage ceremony
- not liable when he did not know the minority of one of the contracting parties
Σ Against Honor Σ
libel
slander
slander by deed
incriminatory machinations

LIBEL (A353)
* PC min and med, or fine of P200-6k, or both, in addtn to civil action
- a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission,
condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical
pax, or to blacken the memory of one who is dead

1. imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or
circumstance
2. imputation made publicly
3. malicious
4. directed at a natural or juridical pax, or one who is dead
5. imputation must cause dishonor, discredit or contempt of the pax defamed

malice – term used to indicate the fact that the offender is prompted by personal ill-will or spite and speaks
not in response to duty, but merely to injure the reputation of the pax defamed

REQUI FOR LIBEL (A354)

- presumed malicious, even if it be true, if no good intention and justifiable motive for making it shown
Kinds of PRIVCOMM
 | 52
A1.
pax who made communication had legal, moral or social duty to make communication, or at least he had an
interest upheld
A2. communication addressed to an officer or a board or superior, having interest or duty on the matter
A3. statements in the communication are made in good faith and without malice

B1. it is a fair and true report of a judicial, legislative or other official proceedings which are not confidential in
nature, or of a statement, report, or speech delivered in said proceedings or of any other act performed by a
puboff in the exercise of his functions
B2. made in good faith
B3. it is without comments or remarks

criticism – attacks and seeks to destroy, by fair or foul means, the whole fabric of his statesmanship, but the law
does not permit them to attack the man himself
- invites public attention
- not follow him into his private life nor pry in his domestic concern

BLACKMAIL (A356)
* AMayor or P200-2k, or both
- any unlawful extortion of money by threats of accusation or exposure

GAG LAW (A357)

* AMayor or fine of P200-2k, or both

1.offender is a reporter, editor or manager of a newspaper, daily or magazine

2.he publishes facts connected with the private life of another
3.such facts are otherwise offensive to the honor, virtue and reputation of said pax

SLANDER (A359) oral defamation

* PC min if serious and insulting
Otherwise, AMenor or fine not exceeding P200

SLANDER BY DEED (A359)

* AMAyor man to PC min, or fine of P200-1k
If not of a serious nature, AMenor or fine not exceeding P200
- by committing any act which casts dishonor, discredit or contempt upon another pax

1.offender performs any act not included in any other crime

2.such act is performed in the presence of other pax
3.such acts causes dishonor, discredit or contempt upon the offended party

PAX RESPONSIBLE FOR LIBEL (A360)

a. pax who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar
means
b. author or editor of a book or pamphlet
c. editor or business manager of a daily newspaper, magazine or serial publication
d. the owner of the printing plant which publishes a libelous article with his consent and all other pax who in
any way participate in or have connection with its publication

defamation – follows puboff into his private life which has no connection with his official duties and falsely
charges him with evil motives, clearly designed to destroy his reputation or besmirch his name

defamatory imputation may cover:

a. crime allegedly committed by offended party
b. vice or defect, real or imaginary, of the offended
c. any act, omission, condition, status or circumstance relating to the offended party

malice – used to indicate the fact the offender is prompted by no personal illwill or spite and speaks not in
response to duty, but merely to injure the reputation of the pax defamed

malice in fact – shown by proof of ill will, hatred or purpose

malice in law – presumed from a defamatory imputation

presumption of malice is rebutted if:

a. defamatory imputation is true, in case the law allows proof of truth
b. it is published with good intention
c. there is justifiable motive for making it

INCRIMINATING INNOCENT PAX (A363)

* AMayor
 | 53

1.offender performs an act

2.by such act he directly incriminates or imputes to an innocent pax the commission of a crime
3.such act does not constitute perjury

Incriminatory machinations Defamation

Imputation made must be
Offender does not avail self
public and malicious and
of written or spoken words or
must be calculated to cause
besmirching the victim’s
dishonor, discredit or
reputation
contempt

INTRIGUING AGAINST HONOR (A364)

* AMenor or fine not exceeding P200
- committed by any pax who shall make any intrigue which has for its principal purpose to blemish the honor or
reputation of another pax

Incriminating an innocent
Intriguing against honor
pax
Offender performs an act by
Offender resorts to an
which he directly
intrigue for the purpose of
incriminates or imputes to an
blemishing the honor or
innocent the commission of
reputation of another pax
a crime

Intriguing against honor Defamation

Public and malicious
imputation of a crime, or of a
vice or defect, real or
imaginary, or any act,
omission, condition, status
Consists of some tricky and
or circumstance tending to
secret plot
cause the dishonor, discredit
or contempt of a natural or
juridical pax, or to blacken
the memory of one who is
dead

Intriguing against honor Slander

The source or author of the
derogatory info cannot be
determined and the Source of info can be
defendant borrows the same pinpointed and definitely
and without subscribing to determined
the truth thereof, passes it to
others

QUASI-OFFENSES (A365)
1. by committing through reckless imprudence, any act which, ad it been intentional, would constitute a
grave or less grave or light felony
2. by committing through simple imprudence or negligence an act which would otherwise constitute a grave
or less serious felony
3. by committing or causing damage to the property of another through reckless imprudence, simple
imprudence or negligence
4. by causing through simple negligence or imprudence some wrong which, if done maliciously, would have
constituted a light felony

imprudence
Deficiency of action
Failure in precaution
Failure to pay proper
attention and using due
diligence in foreseeing a
wrongful act
Negligence
Deficiency of perception
Failure in advertence
Failure to take the
necessary precaution once
wrongful act is foreseen
 | 54

Σ Criminal Negligence Σ

Reckless imprudence
- consists in voluntary, but without malice, doing or failing to do ac act from which material damage results by
reason of inexcusable lack of precaution on the part the pax performing or failing to perform such act, taking into
consideration his employment or occupation, degree of intelligence, physical condition and other circumstances
regarding pax, time and place

1. offender does or fails to do an act

2. the doing of or the failure to do that act is voluntary
3. without malice
4. material damage results
5. there is inexcusable lack of precaution on the part of the offender, taking into consideration—
- his employment or occupation
- degree of intelligence, physical condition, and
- other circumstances regarding pax, time and place

simple imprudence
- consists in the lack of precaution displaced in those cases in which the damage impending to be caused is not
immediate nor the danger clearly manifest

1. there is lack of precaution on the part of the offender

2. the damage impending to be caused is not immediate or the danger is not clearly manifest

doctrine of last clear chance

- the contributory negligence of the party injured will not defeat the action if it be shown that the accused might, by
the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured
party

emergency rule
- an automobile driver who, by the negligence of another and not by his own negligence, is suddenly placed in an
emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes such
a choice which pax of ordinary prudence placed in such position might make even though he did not make the
wisest choice